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PR after overstaying

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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eealess
Newbie
Posts: 45
Joined: Thu Jul 02, 2015 12:34 pm
Brazil

Re: PR after overstaying

Post by eealess » Tue Dec 06, 2016 12:06 am

My ex just got in contact with me she has just been issued a Document Certifying Permanent Residence. Could someone please clarify if I need to send the same supporting documents that she sent when she applied for hers or just attaching a copy of her DCPR will be enough to prove she was living in the UK and exercising her treaty rights while we were married?

Thanks
eealess wrote:On 19/11/2016 I acquired the right of Permanent Residence.

I've been struggling to understand which documents I have to submit. EEA (PR) guidance notes read:

"If you already have a registration certificate or residence card on the basis of a retained right of
residence, you do not need to submit evidence of residence before the relevant date. However,
you must show that you have lived in the UK in accordance with the Regulations since you were
last issued with a registration certificate or residence card, and have completed 5 years’
continuous legal residence in the UK."

From this I understand that I I don't need to submit evidence of residence before the date of my divorce, but only proof that I am working and living in the UK since the divorce.

About the last part, the 5 years of continuous legal residence in the UK, does it mean:

a) I have to provide proof that I have been in the UK for the past 5 years (bank statements and utility bills with my name) or;

b) I have to provide proof that I have been in the UK for the past 5 years (bank statements and utility bills with my name) + I have to also provide proof that she was exercising her treaty rights and living in the UK during the whole time we were married?

Seems really confusing the way it's written and what they mean with "5 years’ continuous legal residence in the UK."

Any help would be much appreciated.

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