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EEA4-PR valid only for 10 years and will need to be renewed?
Posted: Mon Jun 24, 2013 12:21 pm
by SerMCG
Is the Permanent Residency card (EEA4) valid only for 10 years? WHat happens after those 10 years? What is now required to be submitted after the first PR document has expired?
Any routes my wife could take for the ILR? I will soon get British Citizenship. After getting British Citizenship, I understand it is not possible to allow my wife switch from EEA2 (paper just expired) and ILR, is that really so?
I prefer ILR as it doesn't expire.
The situation is the following: I’m Italian and I’m in the UK on the basis that I work here. I’ve applied for British Citizenship just a few days ago.
My wife is Chinese national and has been here since October 2007. Her EEA2 expired in May 2013. If I didn’t plan to apply for Naturalisation, it would be time for her to apply for Permanent Residency with form called EEA4.
Instead of the EEA4 I want her to apply for ILR. It is a more powerful residency paper which also doesn’t need renewal.
Can she apply for ILR and when and how can she apply? Let’s say my British Citizenship is granted in September the 1st, can she apply for ILR at that time?
Posted: Mon Jun 24, 2013 12:57 pm
by Jambo
ILR is not more powerful than PR. ILR also needs to be renewed after 10 years the same way your driving licence needs to be renewed.
Both ILR and PR are not for life if you don't live in the UK. You lose them after 2 years abroad.
Posted: Mon Jun 24, 2013 1:03 pm
by fysicus
PR under the EEA rules only exists since 2006, so there is for now no clear process in place for the renewal after 10 years. Actually PR under the EEA rules does not need renewal, only the PRC which confirms it needs to be renewed.
However, as you can only lose it by being physically away from the UK for at least two consecutive years, this renewal process is likely to be very simple. I imagine something similar to replacing the photo on your driving licence or something like that.
ILR may not need renewal, but I don't agree with your statement that it is a more powerful residence document. A PR holder has the same access to the labour market and social benefits as UK citizens, plus visa free travel within the EU.
I recommend you submit the EEA4 for your wife this week (after 1 July it will cost £55; now it is still free). By the way, compare the cost of EEA4 to ILR and think again. She will be eligible for naturalisation, probably as early as October this year (after six years in UK under the EEA regulations).
It is beyond me why you applied for British Citizenship. For you as an Italian it hardly has any benefits; at least I can't think of any that are worth the cost and the hassle. In fact you may have made the situation of your wife more difficult now.
Posted: Mon Jun 24, 2013 1:26 pm
by SerMCG
fysicus wrote:PR under the EEA rules only exists since 2006, so there is for now no clear process in place for the renewal after 10 years. Actually PR under the EEA rules does not need renewal, only the PRC which confirms it needs to be renewed.
However, as you can only lose it by being physically away from the UK for at least two consecutive years, this renewal process is likely to be very simple. I imagine something similar to replacing the photo on your driving licence or something like that.
ILR may not need renewal, but I don't agree with your statement that it is a more powerful residence document. A PR holder has the same access to the labour market and social benefits as UK citizens, plus visa free travel within the EU.
I recommend you submit the EEA4 for your wife this week (after 1 July it will cost £55; now it is still free). By the way, compare the cost of EEA4 to ILR and think again. She will be eligible for naturalisation, probably as early as October this year (after six years in UK under the EEA regulations).
It is beyond me why you applied for British Citizenship. For you as an Italian it hardly has any benefits; at least I can't think of any that are worth the cost and the hassle. In fact you may have made the situation of your wife more difficult now.
Thank you, I didn't know about the 1st of July "deadline".
She might not want to apply for naturalisation as she would lose her Chinese citizenship.
I applied for naturalisation myself so I can have one more reason to say I belong here. In the (distant) future borders could get tighter and more difficult to stay here. It is possible that pensions and retirement legislation might change. Travelling in some countries is easier with a British Passport.. and so on.
In what specifically should have made the life of my wife more difficult? Consider I don't have to give up my Italian citizenship.
Posted: Mon Jun 24, 2013 1:28 pm
by SerMCG
Jambo wrote:ILR is not more powerful than PR. ILR also needs to be renewed after 10 years the same way your driving licence needs to be renewed.
Both ILR and PR are not for life if you don't live in the UK. You lose them after 2 years abroad.
Thank you.
Actually when I see the documents the PR has a "10 years after" expiry date, while the ILR doesn't.
Even my residence documentation card (not the permanent one had no expiry date)
Are you sure the ILR card requires the renewal?
Posted: Mon Jun 24, 2013 1:48 pm
by Jambo
SerMCG wrote:Are you sure the ILR card requires the renewal?
See no (3)
BRP front.
Posted: Mon Jun 24, 2013 2:00 pm
by SerMCG
Jambo wrote:SerMCG wrote:Are you sure the ILR card requires the renewal?
See no (3)
BRP front.
Thank you so much. I must have viewed the wrong images then.
It really seems like there is one more reason for PR under EEA4 instead of ILR.
Posted: Mon Jun 24, 2013 2:38 pm
by SerMCG
Jambo wrote:SerMCG wrote:Are you sure the ILR card requires the renewal?
See no (3)
BRP front.
Hi Jambo, I've just had a look. ILR with settlement has "valid until: indefinite" in the card. No expiry date.
The one you posted has an expiry date as it is for a student.
Can you help me understand what's wrong? You are saying bot expire but if I check, let's say this one:
http://lifeofanexpatparent.files.wordpr ... remain.jpg
It shows no expiry date.
Can you help?
Posted: Mon Jun 24, 2013 2:55 pm
by Jambo
The link is for an ILR vignette in the passport. The HO is not doing those anymore as now ILR is issued as a card. For security reasons the card (either for PR or ILR) is only valid for 10 years. I don't understand why you are worried so much about the renewal process. It would be just filling in a form and getting a new one. Same as you do with a passport or a licence.
And ILR is not really indefinite. You lose it if you leave the UK for more than 2 years.
Re: EEA4-PR valid only for 10 years and will need to be rene
Posted: Mon Jun 24, 2013 2:57 pm
by sheraz7
SerMCG wrote:Is the Permanent Residency card (EEA4) valid only for 10 years? WHat happens after those 10 years? What is now required to be submitted after the first PR document has expired?
The expiry date of 10 years shown on ILR - BRP and PR - CARD is its normal standard format like a national passport has its date of expiry. Both represents settled statues and leads to naturalization. It can be lost with the 2+ years absence.
Re: EEA4-PR valid only for 10 years and will need to be rene
Posted: Mon Jun 24, 2013 4:48 pm
by SerMCG
sheraz7 wrote:SerMCG wrote:Is the Permanent Residency card (EEA4) valid only for 10 years? WHat happens after those 10 years? What is now required to be submitted after the first PR document has expired?
The expiry date of 10 years shown on ILR - BRP and PR - CARD is its normal standard format like a national passport has its date of expiry. Both represents settled statues and leads to naturalization. It can be lost with the 2+ years absence.
Thank you Sheraz7. One more question to all experts here. Can you explain to me what is this? SET(LR)
http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/
Is that the final ILR for settlement? When can someone apply for it? After 10 years of ILR or PR?
Thanks a a lot!
Posted: Mon Jun 24, 2013 5:43 pm
by Jambo
Not sure what is "final ILR". There is just one type of ILR. This is the application for ILR after living in the UK for 10 (lawful) years. This is mainly used by people who have been on student visas as student visa don't lead to ILR after 5 years. There are other (shorter) options to obtain ILR after 5 years (as a migrant worker or a spouse of settled person).
Re: EEA4-PR valid only for 10 years and will need to be rene
Posted: Mon Jun 24, 2013 6:46 pm
by sheraz7
SerMCG wrote:sheraz7 wrote:SerMCG wrote:Is the Permanent Residency card (EEA4) valid only for 10 years? WHat happens after those 10 years? What is now required to be submitted after the first PR document has expired?
The expiry date of 10 years shown on ILR - BRP and PR - CARD is its normal standard format like a national passport has its date of expiry. Both represents settled statues and leads to naturalization. It can be lost with the 2+ years absence.
Thank you Sheraz7. One more question to all experts here. Can you explain to me what is this? SET(LR)
http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/
Is that the final ILR for settlement? When can someone apply for it? After 10 years of ILR or PR?
Thanks a a lot!
SET(LR) form is for people who spend 10 years legal residence under UK points based categories and now applying ILR. But you and your non-eea national wife is under EEA route and for non-eea national the form (EEA4) need for applying PR which is equal to ILR but derived under EEA law.
Donot be confused from settlement as because having PR/ILR is actually a settlement status.
Re: EEA4-PR valid only for 10 years and will need to be rene
Posted: Mon Jun 24, 2013 8:17 pm
by SerMCG
sheraz7 wrote:SerMCG wrote:sheraz7 wrote:SerMCG wrote:Is the Permanent Residency card (EEA4) valid only for 10 years? WHat happens after those 10 years? What is now required to be submitted after the first PR document has expired?
The expiry date of 10 years shown on ILR - BRP and PR - CARD is its normal standard format like a national passport has its date of expiry. Both represents settled statues and leads to naturalization. It can be lost with the 2+ years absence.
Thank you Sheraz7. One more question to all experts here. Can you explain to me what is this? SET(LR)
http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/
Is that the final ILR for settlement? When can someone apply for it? After 10 years of ILR or PR?
Thanks a a lot!
SET(LR) form is for people who spend 10 years legal residence under UK points based categories and now applying ILR. But you and your non-eea national wife is under EEA route and for non-eea national the form (EEA4) need for applying PR which is equal to ILR but derived under EEA law.
Donot be confused from settlement as because having PR/ILR is actually a settlement status.
No wonder you guys are guru. Thank you very much for all your answers.