EU citizen Visa options after 5 years in UK

[huqqapani]

Hi All,
i hope that this query belongs in this sub-forum.
This is a query on behalf of a friend who has Italian Passport and has been resident in the UK since October 2013. He has been working on and off during this time. He also has a wife (a non-EEA citizen but has been resident in the with him in the UK and in Italy prior to that) and 2 kids aged 1 and 11 years

He wants to know which visa does he needs to apply, i have done a quick search and i am confused, in that, there appears to be 2 options, 'Permanent Resident Permit' or 'EU Settled Status'? i assume these are different categories, can you experienced folks please shed light on which route does/should he take going forward?

Many thanks in advance.

[alterhase58]

If friend has exercised Treaty Right continuously for five years he can apply for PR now - "settled status" comes after Brexit (30.3.2019) and he could then exchange PR for that, free of charge. It may be useful if your friend registers here, in case there are further questions.

[huqqapani]

If friend has exercised Treaty Right continuously for five years he can apply for PR now - "settled status" comes after Brexit (30.3.2019) and he could then exchange PR for that, free of charge. It may be useful if your friend registers here, in case there are further questions.

Thanks for response. He has been working fairly consistently however has (and continuing) to rely on benefits. Could that be an issue in applying for Permanent Residence? Also, can his wife and 2 kids be included in his Single application or each will have a separate application with individual fee?

[huqqapani]

If friend has exercised Treaty Right continuously for five years he can apply for PR now - "settled status" comes after Brexit (30.3.2019) and he could then exchange PR for that, free of charge. It may be useful if your friend registers here, in case there are further questions.

Unfortunately his English is not good and he is not literate enough to use computer/internet.

[NikiGio]

Could that be an issue in applying for Permanent Residence?

Being on benefits has no effect on the application at all - just make sure they declare what benefits they were getting during the 5 years and include any evidence of this.

Also, can his wife and 2 kids be included in his Single application or each will have a separate application with individual fee?

If they've all been here five years and they've been married 5 years - they can do a single PR application with the whole family. The fee is £195 for 3 people (£65 per person). I don't think you can apply for PR for children younger than 5 years, but if the 1 year old was born here and his parents were qualified persons when the baby was born, the baby may be British already.

[huqqapani]

Also, can his wife and 2 kids be included in his Single application or each will have a separate application with individual fee?

If they've all been here five years and they've been married 5 years - they can do a single PR application with the whole family. The fee is £195 for 3 people (£65 per person). I don't think you can apply for PR for children younger than 5 years, but if the 1 year old was born here and his parents were qualified persons when the baby was born, the baby may be British already.

Yes, him, his wife and his 11 year old all moved together from Italy in OCt 2013. The daughter was born here in the UK in June 2018. So, do the parents 'qualify'?
ALso, for the PR application, are passports needed for all of them. Newborn hasnt got one. The 11 year old's italian passport is away for renewal. Please advise on this also.

[NikiGio]

I don't think you can apply for PR for children younger than 5 years, but if the 1 year old was born here and his parents were qualified persons when the baby was born, the baby may be British already.

I should rephrase this as follows:

"But if the 1 year old was born here and the EEA parent *had been exercising treaty rights for five years as a qualified person* when the baby was born, the baby may be British already".

Yes, him, his wife and his 11 year old all moved together from Italy in OCt 2013. The daughter was born here in the UK in June 2018. So, do the parents 'qualify'?

Ok - so because 5 years had *not* passed when the daughter was born, she's not automatically British. So they need to apply for her British passport using form MN1. Cost is £1000 aporox.
They may want to ask advice on this - the difference in cost is about £100 for the passport if she had been automatically British, compared to £1000 through form MN1. UKCEN, The Good Law project and the Aire Centre may be able to help - I'd initially contact UKCEN to get confirmation on the 1 year old's British citizenship.

The 11 year old's italian passport is away for renewal. Please advise on this also.

Does the 11yo have an Italian ID? They all need a valid proof of ID for the PR application, including the 11yo as far as I know. The 1yo doesn't come into the PR application - just Mum, Dad and 11 yo.