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From what time the EU national treaty rights evidences need

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

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Universal soldier
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From what time the EU national treaty rights evidences need

Post by Universal soldier » Fri May 30, 2014 8:18 pm

If a person is completing 10 years of legal residence for indefinite leave (ILR) including the period spent as family member of EU national. In this case if the non-EU national married with EU national while having the 10 months left remaining on his psw visa (UK points based system) then which answer at below is correct:

1. For long residence application the treaty rights evidence will need from date of wedding because existing psw will cancel; or

2. Existing psw visa won't be cancelled and continue to be valid until its expiry and the treaty rights evidences will need from the last day of psw visa expiry because applicant still has own right with valid psw.

Imshzd
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Re: From what time the EU national treaty rights evidences n

Post by Imshzd » Fri May 30, 2014 10:32 pm

Under EU regulations,time starts after marriage.
So after marriage non EEA national consider as a family member of an EEA national and not in immigration control.
As per your situation time starts from the day if your marriage.

Universal soldier
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Re: From what time the EU national treaty rights evidences n

Post by Universal soldier » Fri May 30, 2014 10:39 pm

Then how about the PSW visa which ukba not cancelled even while granting EEA2 RC? Does that situation not suggest that the applicant apart of being EU family member also is living through his own right until the time when psw visa expired?

Imshzd
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Re: From what time the EU national treaty rights evidences n

Post by Imshzd » Fri May 30, 2014 10:54 pm

HO record updated when you submitted your RC application,and as per policy HO data protection unit created your new file as a family member of a EEA national from the date of your marriage,and you are out of immigration control list since.
So that's why after the expiry of your PSW,no body sent you a letter or text to remind you that your PSW visa is running out so arrange your return ticket etc etc.
HO did not cancel your PSW as there was no effect on your job etc status.

sheraz7
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Re: From what time the EU national treaty rights evidences n

Post by sheraz7 » Sun Jun 01, 2014 3:46 am

Under EU route the previous immigration status is irrelevant, that's why the caseworker donot cancel the existing valid visa which can continue to be valid until its expiry. Both visas can coexist.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Universal soldier
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Re: From what time the EU national treaty rights evidences n

Post by Universal soldier » Wed Jun 25, 2014 3:52 pm

If the the both visas coexist and the old visa issued under UK PBS system is still valid even after getting EEA2 RC then does it means that treaty rights evidence need from the time when old visa expires because a person was living too legally under his own right for 10 years long residence.

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