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Family member, not applying at the same time

Posted: Sat May 12, 2018 3:12 pm
by muraenidae
Hello good people of the forums!

My husband holds PR since 10/2015, and recently got his document certifying this. We got married in 07/2013, so in July 2018 I will make a permanent residence application as his spouse (we were living together before, but it seems easier to just wait until July than proving a durable relationship earlier).

In Section 9 "Relevant EEA national’s activity in the UK", the form asks whether my husband has a valid PR document and whether we are enclosing it with the application, and then states:

If you have answered yes to question 9.3, you do not have to complete the rest of this section –
go straight to section 16 instead. However, we reserve the right to ask you for more information if
necessary.


Does this mean we don't have to submit any evidence for his treaty rights either? I.e., no P60s and so on?

In summary, will it suffice to submit

1) His PR card
2) Proof he continued to reside in the UK since 10/2015
3) Proof I resided in the UK since 07/2013
4) Our marriage certificate

or will the home office need to see his P60s etc again?

Thanks!

Re: Family member, not applying at the same time

Posted: Sat May 12, 2018 3:34 pm
by muraenidae
OK, I read the guidance notes and answered my own question. Yes, the PR document suffices to prove treaty rights, they don't need to see the original evidence again.

Re: Family member, not applying at the same time

Posted: Sat May 12, 2018 6:32 pm
by Osafidence
[quote=muraenidae post_id=1633526 time=1526134345 user_id=156782]
Hello good people of the forums!

My husband holds PR since 10/2015, and recently got his document certifying this. We got married in 07/2013, so in July 2018 I will make a permanent residence application as his spouse (we were living together before, but it seems easier to just wait until July than proving a durable relationship earlier).

In Section 9 "Relevant EEA national’s activity in the UK", the form asks whether my husband has a valid PR document and whether we are enclosing it with the application, and then states:

If you have answered yes to question 9.3, you do not have to complete the rest of this section –
go straight to section 16 instead. However, we reserve the right to ask you for more information if
necessary.


This was one of the reasons my application was refused. My Sponsor had DCPR since 2010 and was submitted during my application couple with my sponsor 2012 to 2017 working histroy. HO said we didn't fill sec 14 on the form. Of which sec 9.3 stated if EEA national has DCPR go straight to sec 16.

Please write a cover letter to avoid dissappiontment

Re: Family member, not applying at the same time

Posted: Sun May 13, 2018 12:40 am
by muraenidae
I agree this is worded wrong - of course we also have to fill in the relevant section between 9 and 16 (for me it's section 11 as a spouse, for you as an extended family member it was section 14).