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EEA4 PR status effective date
Posted: Fri May 27, 2016 6:27 pm
by guidov
My partner had a five year residence card as a family member of EEA national (me) which expired on 7 December 2015. We then applied for a permanent residence card which we just received. The PR card was issued on 23 May 2016.
My partner can apply for naturalisation after having had PR status for one year. So the question is, when did my partner obtain PR status? On 7 December 2015 when having been in UK for 5 years, or 23 May 2016 when the PR card was issued?
Re: EEA4 PR status effective date
Posted: Fri May 27, 2016 6:48 pm
by noajthan
And the $64,000 question - what date does HO actually have recorded for you within its CID databank system!
Re: EEA4 PR status effective date
Posted: Fri May 27, 2016 7:12 pm
by Noetic
noajthan wrote:And the $64,000 question - what date does HO actually have recorded for you within its CID databank system!
If any at all - I don't have one recorded at all. At least they have my first EEA residence permit from 2002 on record and I've been exercising treaty rights ever since with a 3 month gap in 2010. Still would feel better if the Subject Access Request had produced a date of PR!
OP - if you need to find out the date search this forum for SAR which stands for subject access request. For some odd reason DCPR doesn't contain date of PR just issue date.
Re: EEA4 PR status effective date
Posted: Fri May 27, 2016 7:31 pm
by noajthan
guidov wrote:...
My partner can apply for naturalisation after having had PR status for one year. So the question is, when did my partner obtain PR status? On 7 December 2015 when having been in UK for 5 years, or 23 May 2016 when the PR card was issued?
Your partner should have acquired their PR automatically by the latest of 5 years from:
- date of entry to UK;
date of 5th wedding anniversary (if married to you);
date sponsor started exercising treaty rights;
You can probably see that that date will probably have little or no connection to the date of issue of RC or to the date of expiry of RC.
And it will have zero correlation to the date of issue of the
confirmatory PR card.
Whatever the date there is still no guarantee it matches what HO CID thinks!
As mentioned, a UKVI SAR may contain the date or else NCS are able to check via a hotline (when you get round to applying via NCS).
Ofcourse you risk wasting the NCS fee if your date calculation is wildly off the mark from HO's date.
Re: EEA4 PR status effective date
Posted: Tue May 31, 2016 9:25 am
by ohara
Noetic wrote:Still would feel better if the Subject Access Request had produced a date of PR!
What did it show on this page in your SAR response?
Re: EEA4 PR status effective date
Posted: Tue May 31, 2016 7:18 pm
by Noetic
ohara wrote:Noetic wrote:Still would feel better if the Subject Access Request had produced a date of PR!
What did it show on this page in your SAR response?
It literally says unknown where yours has a date! I did submit a letter from my employer covering 2001-2009 and P60s for all but 2008/9 and held a 5 year EEA RC from 2002 and had the same job from 2001-2009 so my assumption is I attained PR sometime in 2007 if the HO went over it properly. But yes UNKNOWN was not what I was expecting!