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PR and deem date ..
Posted: Sat May 27, 2017 11:56 pm
by Daniann
Guys
I recived my PR few days ago with a letter confirming that the deem date is 12/05/2016 ( one year before the PR issue date ) .
What that mean exactly ? According to my solicitor I can apply now for BC but I was overstay for 7month before I had my RC on 2011!
Any advise ?
Thank you
Re: PR and deem date ..
Posted: Sun May 28, 2017 1:35 pm
by CR001
You acquire PR automatically after 5 years residence or 5 years marriage to an EU citizen. The date of the PR card is just that, the date of issue of the card.
What is your immigration history before you got your RC?
On what basis did you qualify for an EEA RC?
Re: PR and deem date ..
Posted: Sun May 28, 2017 4:22 pm
by Daniann
CR001 wrote:You acquire PR automatically after 5 years residence or 5 years marriage to an EU citizen. The date of the PR card is just that, the date of issue of the card.
What is your immigration history before you got your RC?
On what basis did you qualify for an EEA RC?
Thank you CR001,
I was student from 2004 to 2011, from march 2011 to December 2011 I was overstayed .. I start to live with my wife ( at that time was GF) from April 2011 and we got married on September 2011( with EEA nathional who is my wife now and had PR last year and she is going to apply for BC in few months) .
And I got my RC on December 2011 ..
any advice ?
Re: PR and deem date ..
Posted: Sun May 28, 2017 5:48 pm
by CR001
Your qualifying period then starts from the date of marriage. Unlikely a BC application will be successful due to your overstay, until September 2021.
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:22 pm
by Daniann
CR001 wrote:Your qualifying period then starts from the date of marriage. Unlikely a BC application will be
successful due to your overstay, until September 2021.
Thank you sir ,
Now what's the future ( after the Brexit) for non EU who hold PR ? Can the HO revoke my PR or cancel it after the Brixet ? Especially that my wife ( EU) she will be British in few months ?
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:24 pm
by CR001
You are now considered 'settled' so should be fine after Brexit.
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:34 pm
by Daniann
CR001 wrote:You are now considered 'settled' so should be fine after Brexit.
Even if me and my wife get divorce? We don't have this plan at all as we planning to have child soon but just I want to know the regulation and I want to know my rights !
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:38 pm
by CR001
Yes as your status is no longer dependent on your spouse if you hold a document certifying permanent residence.
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:50 pm
by Daniann
Thank you ,
I know it's silly question but it's in my mind keep knocking my head , can uK government ( after the brixet ) say we will cancel all the PR and all the PR holders need to leave the contrary , especially at that time there will be no EU low in UK any more !!
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:57 pm
by CR001
No unlikely as you are considered 'settled', which is the same as holding ILR under the UK immigration rules.
Re: PR and deem date ..
Posted: Sun May 28, 2017 6:59 pm
by Daniann
CR001 wrote:No unlikely as you are considered 'settled', which is the same as holding ILR under the UK immigration rules.
Ok thank you
Re: PR and deem date ..
Posted: Fri Aug 04, 2017 12:07 pm
by zapzap
Re: PR and deem date ..
Posted: Fri Aug 04, 2017 10:03 pm
by Richard W
Daniann wrote:Now what's the future ( after the Brexit) for non EU who hold PR ? Can the HO revoke my PR or cancel it after the Brixet ? Especially that my wife ( EU) she will be British in few months ?
The government's
current plan seems to be to cancel it by 2 years after exit, by which time you should have applied for settled status on the basis of your wife being an EU citizen with long residence.
The government could change the law next month so that PR no longer gave settled status - settled status is unknown to EU law.