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Which RP - EEA National and Canadian wife

Posted: Mon Apr 16, 2018 6:41 pm
by SwedeInUK
Hi All,

Apologies if this has been answered elsewhere. I've been trying to figure out which forms my wife and I need to fill out to get her a permanent residence card and something similar for myself. We went to see a solicitor a while back, and he assured us it wouldn't be a problem for her to stay here, but Border Control may object to her travelling on her current documents in the near future. Hoping someone will be able to advise. Some info:

Me:
Swedish national/Swedish passport
Resident in the UK since 1996
Been in full-time employment since.
ILR since 2006
Lost ILR letter, but I have my original passport with the ILR stamp, along with the reference number from HO. Don't have an ILR stamp in any subsequent passports.
Don't have a BRP. or any other form of ID card, except UK driving license.
Have two children from a previous marriage, both British citizens with British passports.

Wife:
Canadian national/Canadian passport
Resident in the UK since August 2013.
Been in full-time employment since.
Tier-2 visa, tied to her current place of employment. Looking to start a new career from August this year (not tied to visa).
Has a BRP, which expires September this year. Solicitor has advised us this does not need to be renewed, on account of me being an EEA National.

We've been married since August 2017.

The solicitor had advised we both simply need to apply for an inexpensive card to confirm our immigration status, but we are at a loss as to which of the numerous cards/permits to apply for. It was suggested I only need it to guarantee hassle-free travel post-Brexit. The solicitor has since become very difficult to get hold of and has yet to send us the information they promised us, so we are a bit stuck.

Thanks in advance.

Re: Which RP - EEA National and Canadian wife

Posted: Mon Apr 16, 2018 7:30 pm
by 4uvak

Re: Which RP - EEA National and Canadian wife

Posted: Mon Apr 16, 2018 7:34 pm
by secret.simon
Apply for an EEA FM Residence Card.
As they have not been married for five years, the Canadian wife is not eligible for PR.

Your Canadian wife will be eligible for PR on your fifth wedding anniversary, assuming that
a) you married in the UK AND
b) both of you will remain resident in the UK for the five years (you can have absences of less than two years and still retain your ILR; your wife can have absences of less than six months per year and still retain her residence)

If you have ILR, you do not need to apply for PR.

Re: Which RP - EEA National and Canadian wife

Posted: Mon Apr 16, 2018 9:40 pm
by chaoclive
secret.simon wrote:
Mon Apr 16, 2018 7:34 pm
Your Canadian wife will be eligible for PR on your fifth wedding anniversary, assuming that
a) you married in the UK AND
Why is the place of marriage relevant?

Re: Which RP - EEA National and Canadian wife

Posted: Tue Apr 17, 2018 3:36 am
by secret.simon
chaoclive wrote:
Mon Apr 16, 2018 9:40 pm
secret.simon wrote:
Mon Apr 16, 2018 7:34 pm
Your Canadian wife will be eligible for PR on your fifth wedding anniversary, assuming that
a) you married in the UK AND
Why is the place of marriage relevant?
Because if they married abroad, then it would be the fifth anniversary of the Canadian wife's entry to the UK as the spouse of the Swedish OP that she would acquire PR.

Re: Which RP - EEA National and Canadian wife

Posted: Tue Apr 17, 2018 6:25 am
by CR001
Has she held a tier 2 visa since she arrived in the UK in August 2013??

If yes, why does she not apply for ILR this year on the tier 2 route rather than starting again from scratch??