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EU citizen with settled status and non-EU spouse on EEA Family Permit; what next?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Epsilonn
Member
Posts: 106
Joined: Tue Aug 01, 2017 7:50 pm
Romania

EU citizen with settled status and non-EU spouse on EEA Family Permit; what next?

Post by Epsilonn » Sat Jun 01, 2019 10:57 am

Hello, my name is Nick, Romanian citizen living and working in The UK for 5 years and 1 month. My wife just got here 2 weeks ago, she is Syrian and she came here on a EEA Family Permit (she spent almost 1 year in Romania where she came on a visit visa and where we made all applications for her to be in order and that is where we got married as well).

When she got in The UK 2 weeks ago, that is when I got my settled status as well.

Now I need to apply for a residence card for her. In the future I will want to apply for British citizenship as well.

When I started to read online and make the application, I found out I can apply for PR card and make a residence card for her too... but this is where things started to confuse me...

I have 4.5 years of bank transactions and not 5 as they require but I got my NINo a few weeks after I arrived in The UK 5 years ago. I worked all the time and I have proof (contracts, wages, I need to get in touch with some companies regarding P60s but bank transactions could be enough maybe)... it is just I don't have proof for the first 6 months when I only used cash... although I was registered with NINo if that matters for PR card as someone looking for work...

Now my questions are: what do we do next?

1. In case I make my PR card application online (on GOV.UK website) and she can do it at the same time with mine... still... wouldn't that apply for her in case she had spent 5 years in The UK and not just got here with a Family Permit? I think I misunderstood there... why would we apply both in the same time for PR when she just got here...??? Or I would be applying for PR card and she would be applying for a temporary one??? It makes no sense for such an option to exist...

2. Is that application for me, based on my situation described above?

3. If I have settled status, can't I just wait for 12 months and then apply for citizenship? Do I really need the PR card when online it says I can go for citizenship only with settled status after 12 months? What is the catch? With that card, how long do I have to wait until I can apply for citizenship?

4. Do I need that PR card to apply for her card? Can she make a temporary residence card alone (without me doing one at the same time) like we did in Romania (and it was valid for 2 years)?

I am sorry for multiple questions but my head has been filled with this stuff for quite some time and it took us 2.5 years to get to this point so please be patient with me... I have posted here many times and you can find our story in other threads...

Thank you and kind regards,
Nick

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EU citizen with settled status and non-EU spouse on EEA Family Permit; what next?

Post by kamoe » Mon Jun 03, 2019 3:07 pm

Epsilonn wrote:
Sat Jun 01, 2019 10:57 am
I have 4.5 years of bank transactions and not 5 as they require but I got my NINo a few weeks after I arrived in The UK 5 years ago. I worked all the time and I have proof (contracts, wages, I need to get in touch with some companies regarding P60s but bank transactions could be enough maybe)... it is just I don't have proof for the first 6 months when I only used cash... although I was registered with NINo if that matters for PR card as someone looking for work...
All you need for your PR are 5 continuous P60s. If you are missing a P60 of any year, then three payslips covering that year, ideally evenly spread (one from April, another one from July, another from December, for example.). If you have that, no need for anything else.
1. In case I make my PR card application online (on GOV.UK website) and she can do it at the same time with mine... still... wouldn't that apply for her in case she had spent 5 years in The UK and not just got here with a Family Permit? I think I misunderstood there... why would we apply both in the same time for PR when she just got here...??? Or I would be applying for PR card and she would be applying for a temporary one??? It makes no sense for such an option to exist...
She cannot apply with you online. She can only do that if she is also eligible for PR as well.
2. Is that application for me, based on my situation described above?
Nope.

It would be the most convenient if you were applying on your own, but not really if you want to also obtain a document for your wife. Your alternative is to do paper applications, you for PR, her for Residence Card, and send them together (you need to fill two separate paper forms but can send them on the same parcel).
3. If I have settled status, can't I just wait for 12 months and then apply for citizenship?
Yes, you could do that.
Do I really need the PR card when online it says I can go for citizenship only with settled status after 12 months?
You do not need a PR card.
What is the catch? With that card, how long do I have to wait until I can apply for citizenship?
Depends how long you had been in the UK as a qualified person. You can apply for nationality one year after you obtain PR (which can be retroactive). In your case, roughly the same 1 year wait.

In general, there are pros and cons of both options (EEA RCs and Settlement status). I have created a post for that comparison. Read it here.
4. Do I need that PR card to apply for her card? Can she make a temporary residence card alone (without me doing one at the same time) like we did in Romania (and it was valid for 2 years)?
No, you do not need to have PR for her to apply for a RC.

Now... she could also just "skip" the RC and apply for pre-Settled status direclty. In this case, she will be issued a settlement scheme biometric card. Again, there are pros and cons, see the post I linked above for more info.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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