Application for PR after EEA2

[Amo2012]

my wife and son (both Pakistani National) came to UK with me(British Citizen) via EEA surinder singh route, they got their EEA2 certificates back in January 2013(applied in July 2012) which will expire in Janurary 2018. Following the expiry what route or application do they need to file to apply for ILR/PR.
We used to receive Child/Working Tax Credits and Rental Support from Council but as my wife started her job recently in November 2015, due to which we are no longer receiving any rental support but still a minimal amount of Tax/Child Tax Credits only.
Also as evidence from the above date they would be completing their five years in UK in July 2017, I would be highly obliged if someone could please answer the following questions:

1) When can they (my wife and son) apply for ILR/PR?
2) Can Working/Child Tax credits and Rental Support from Council affect the ILR/PR application?


Kind Regards,

[Amo2012]

Any advice please...

[Amo2012]

Hi All,

I posted the above query regarding applying for PR , I would really appreciate if you can please guide me as to what hasn't done before EEA2 expired considering the circumstances given above . Your advice is highly needed and will be much appreciated .
Thanks

[noajthan]

You don't need to be exercising treaty rights so
dependents simply have to reside in UK.

Persons on EU migration route acquire PR (not ILR).

1) Apply on/after 5th anniversary of return to UK.

Possibly mid 2017 assuming no Brexit;
also assuming you remain married & no prolonged absences (of family members) from UK.

2) Don't foresee an issue.

[Amo2012]

Dear Noajthan,
many thanks for your kind reply, if possible could you please also answer the followings:

1) can my wife (non EEA, Pakistani national) apply for naturalisation sooner after obtaining PR or she will have wait for another one year (considering the fact that i am BC)?

2) same rules(5 year EEA/PR) apply for my son or can i apply for his registration certificate right now(just to let you know that i was holding ILR status when my son was born back home in Pakistan)

Once again many thanks.

Kind Regards,

[noajthan]

Dear Noajthan,
many thanks for your kind reply, if possible could you please also answer the followings:

1) can my wife (non EEA, Pakistani national) apply for naturalisation sooner after obtaining PR or she will have wait for another one year (considering the fact that i am BC)?

2) same rules(5 year EEA/PR) apply for my son or can i apply for his registration certificate right now(just to let you know that i was holding ILR status when my son was born back home in Pakistan)

Once again many thanks.

Kind Regards,

1) No need to wait 12 months with settled status when married to a BC (assuming all other requirements have been/can be met).

2) A minor born abroad to non-British parents needs to be registered as a citizen.
Such a minor (normally) needs to be settled in UK (and residing in UK).
(There has been just one case recently where this wasn't the case).

Suggest applying for confirmation of PR for son at same time as for wife (assuming he's lived in UK for same 5 years)..