PRC advise needed

[Orsolya]

Thank you.

Do you know how long does it take to get an extended family resident card?

Will it mean I'm registered as an extended family member from the date of the application or from the date when the card will be issued?

If I apply for extended family resident card, when can I be married? After I have sent the application or after I have received the card?

Can I try to apply for PRC as a worker, even if I don't pass the test, they may be consider that I'm at home with 2 children and working when they are sleeping? Does it matter or not?
If I can apply should I do it after I got the extended family card? I just would like to know if these two things can work together or not.

[noajthan]

Thank you.

Do you know how long does it take to get an extended family resident card?

Will it mean I'm registered as an extended family member from the date of the application or from the date when the card will be issued?

If I apply for extended family resident card, when can I be married? After I have sent the application or after I have received the card?

Can I try to apply for PRC as a worker, even if I don't pass the test, they may be consider that I'm at home with 2 children and working when they are sleeping? Does it matter or not?
If I can apply should I do it after I got the extended family card? I just would like to know if these two things can work together or not.

RCs take several months to process as far as I know - check timeline topic in forum.

I suggest you wait until you get your EFM RC before you marry. Then at least you can say you had a RC as an EFM.
If you never had an EFM RC and get married then your PR clock will only start from date of marriage.

The residence certificate starts from date of issue. (You will just get an interim COA letter before the RC is issued).

No, from your stated facts you don't seem to qualify for PR in your own right. Otherwise you could have applied.

You will not be granted DCPR with some or all of your qualifying period spent as an EFM if you have never had an EFM's RC. The guidance is clear on that.

[Orsolya]

Thank you for your answers so much!

[Orsolya]

Hi Noajthan,

I have started to read the EEA EFM and it looks like we have to send my partner's passport and proof of income too.
But we would like to apply for PRC for him. It is more inportant than my EEA EFM, because he is the quilified person who can get PRC.

Is it possible to send the the application together? So we don't have to include his passport and proof of income twice.

Thank you for your answer in advance.

Orsolya

[noajthan]

Hi Noajthan,

I have started to read the EEA EFM and it looks like we have to send my partner's passport and proof of income too.
But we would like to apply for PRC for him. It is more inportant than my EEA EFM, because he is the quilified person who can get PRC.

Is it possible to send the the application together? So we don't have to include his passport and proof of income twice.

Thank you for your answer in advance.

Orsolya

I don;t know the answer for sure but I don't see why you cannot send the 2 applications together (with shared supporting evidence).
Suggest mention what you have done in a brief cover note (with each application form) so the caseworker/s will be clear why you have done it.

[Orsolya]

Thank you very much!

[Orsolya]

I would like to ask that after we merry do I need to get a family member resident card? Or will the marriage will enough in the future?

What about our children. They were born in the UK. If I understand well when my partner gets his permanent resident card, we can apply for British citizenship for our children and they do not need to have family resident card prior the application? My partner is the father of the children.

[noajthan]

I would like to ask that after we merry do I need to get a family member resident card? Or will the marriage will enough in the future?

What about our children. They were born in the UK. If I understand well when my partner gets his permanent resident card, we can apply for British citizenship for our children and they do not need to have family resident card prior the application? My partner is the father of the children.

With Brexit coming along you will need all the official paperwork you can get. And hope it helps you qualify for some future status in UK under any transitional arrangements there may be. (if any).
So, yes, suggest you do apply for another RC after marriage: a FM RC.

You are correct, once one parent has settled status (PR), your UK-born children can be registered as citizens; as per section 1(3) of BNA; form MN1.
Its an entitlement so it should be straightforward.
(No child RC is required, RCs for direct dependents are purely optional).

[Orsolya]

Thank you so much!

[Orsolya]

Hi Noajthan or someone else who can answer.

As you said and I have read it from other forums, if someone did not registered properly with Home Office with the WRS. He or she qualifying period will start from 01/05/2011.

1. Can we be sure that the HO will not ask the WRS if our qualifying period will start 01/05/2011?
2. Even if the employment started before that date?
3. In the application should we list all the employment from 2009 or only from 01/05/2011?
4. Should we send any information about WRS or nothing, just ignore it?

Thank you in advance.
Orsolya

[noajthan]

Hi Noajthan or someone else who can answer.

As you said and I have read it from other forums, if someone did not registered properly with Home Office with the WRS. He or she qualifying period will start from 01/05/2011.

1. Can we be sure that the HO will not ask the WRS if our qualifying period will start 01/05/2011?
2. Even if the employment started before that date?
3. In the application should we list all the employment from 2009 or only from 01/05/2011?
4. Should we send any information about WRS or nothing, just ignore it?

Thank you in advance.
Orsolya

Assuming in connection with an application for confirmation of PR.
If using the current PR form you will need to complete questions 9.14 - 9.18 for the periods with and without WRS.

1) Yes they ask - in q's 9.14 - 9.18

2) Yes

3) Members have reported success listing either a) all their employments or else b) just their qualifying period onwards (if sure of that period).

4) Yes, send what you have (if anything); the whole application process depends on appropriate, good quality evidence.
Don't ignore it. See #1

[Orsolya]

Assuming in connection with an application for confirmation of PR.
If using the current PR form you will need to complete questions 9.14 - 9.18 for the periods with and without WRS.

1) Yes they ask - in q's 9.14 - 9.18

2) Yes

3) Members have reported success listing either a) all their employments or else b) just their qualifying period onwards (if sure of that period).

4) Yes, send what you have (if anything); the whole application process depends on appropriate, good quality evidence.
Don't ignore it. See #1

Hi Noajthan,

Thank you for your answer.

I afraid if we send the information about WRS we will not get PRC, because in the first year 1. employer was registered, 2. was not, 3. was registered. (We had 3 employers in the 1. year)

1. Can I be sure that we are going to get the PRC period based from 01/05/2011 until today even if our first year WRS registration was not complete? Because as I know our PR clock started 01/05/2011, because the uncompleted WRS registration. Is this correct?

2. Will it be ok if I complete the old PR form, so I don't have to fill in the information about WRS?

3. Can it be ok, if I state in a covering letter that I'm sending the information and supporting documents for the period 01/05/2011 until today. In that way I don't lie, do I?

Orsolya

[ohara]

You still need to send in proof of your WRS registration with the old form, and they WILL validate that you were fully and properly registered.

[noajthan]

Hi Noajthan,

Thank you for your answer.

I afraid if we send the information about WRS we will not get PRC, because in the first year 1. employer was registered, 2. was not, 3. was registered. (We had 3 employers in the 1. year)

1. Can I be sure that we are going to get the PRC period based from 01/05/2011 until today even if our first year WRS registration was not complete? Because as I know our PR clock started 01/05/2011, because the uncompleted WRS registration. Is this correct?

2. Will it be ok if I complete the old PR form, so I don't have to fill in the information about WRS?

3. Can it be ok, if I state in a covering letter that I'm sending the information and supporting documents for the period 01/05/2011 until today. In that way I don't lie, do I?

Orsolya

1) Nothing is guaranteed even with a valid WRS certificate.
The period for a worker will only be counted from May 2011 if the applicant (or sponsor, as case may be) was working but not properly registered before then.

2) As the caseworker will know the applicant (or sponsor) is an A8 national they will be likely to be looking for information on WRS.
If it is not there you may be lucky and be contacted to provide it or explain about it.
Or you may just be refused.
I cannot tell but the guidance is clear: applications with insufficient information will be refused.

3) I cannot tell how a casewoker may respond but a clear cover letter may help in any case.

[Orsolya]

Thank you very much!

[Wise]

Yes provided you can proof all your treaty right correctly as he has explain in details to you otherwise things can be slow.

You're lucky to get full details of advice. In fact not just you many EU national if facing things like this because you guys never experienced how HO operate.

Good luck

[Orsolya]

Yes provided you can proof all your treaty right correctly as he has explain in details to you otherwise things can be slow.

You're lucky to get full details of advice. In fact not just you many EU national if facing things like this because you guys never experienced how HO operate.

Good luck

Hi Wise,

1. Do you mean that we should provide all details starting from 2009? With all the WRS information what we have? We have just decided yesterday, that we will concentrate on the 5 years period from 06/2011- until today......

2. I'm so scared that we will not get PRC, because our first year of not fully completed WRS registration. If I tell them our WRS number, they may be look at it and check it. If I tell them everything only from the last 5 years period they maybe will not look anything prior the last 5 years, because the last 5 years is fully ok.

3. I have tried to find out what are the rules now in HO, but nothing is talking about the period after May 2011 and the situation of not fully WRS registered person. Did not find anything what happen with the job which was started before May 2011 with no WRS registration or even with WRS registration but not fully registered 1 year (as it is in our case: 1. employer registered, 2. not, 3. registered). Did it become a lawful job from May 2011, because the WRS registration has finished? You guys and the lawyers, solicitors on other forums says this, it is lawful from May 2011, but will the caseworker think the same, because it is not in the guidance? If I can be sure that the caseworker will not have any problem with our not completely registered first year, I'm happy to send info about WRS. But I don't know what to do and how to get confirmation about this....

4. Other thing, I think our 3. job should be lawful, because it was registered with WRS, isn't it? Only our first year is not lawful completely, because the 2. not registered employer. Is this right?

5. Yesterday 1 Hungarian person reported in a forum, that he got the PRC for himself. He sent 6 P60 and 1 mortgage paper, the child birth certificate (just as additional paper) in March 2016. He was not registered with WRS at all. And he got the PRC. I don't know if he was just lucky or WRS does not matter from now?

Orsolya

[ohara]

There is no "luck" involved in EEA documentation applications. They apply the rules, and as long as you meet them, you are successful. The decisions are binary and based on the law, there is no discretion.

If you are using the period June 2011 to June 2016, you don't need to worry about WRS.

[Orsolya]

There is no "luck" involved in EEA documentation applications. They apply the rules, and as long as you meet them, you are successful. The decisions are binary and based on the law, there is no discretion.

If you are using the period June 2011 to June 2016, you don't need to worry about WRS.

Thank you.

[Orsolya]

Hi!

I hope someone can give some advise.
My husband would like to apply for PRC. EEA national.

He failed to comply with red light signal in May 2010. He had an EEA driving licence at this time. He moved house and he did not get the letter about the penalty. Than he changed his driving licence and got the English one with his new address on it in July 2012. And he got a collection order at this time from HM Courts and Tribunals Service. He did not know until this time he had a fine.

He went to court to challenge it, because he did not know about the fine. He had to pay a little bit less penalty than the original amount was, but he did have to pay.

My question is do we have to declare it on the application?
Will the case worker refuse his PRC because of this? It is only red line offence, but it went to court.

Thank you for any reply in advance.

Orsolya

[noajthan]

There is no 'good character' requirement under EU law and the Directive.
The UK form goes above and beyond EU law if its asking such questions.

It is not good to jump red lights but this should not trigger a refusal to confirm PR.

[Orsolya]

HI Noajtan,

Thank you.
If I look at the EEA3 permanent residence application form (the old sort version). In Section 4 - Personal History 4.1 The question is: Do you or any family members included in this application have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you? Yes or No.

Does he have to tell on this page about this fine and the court?
I really don't know.....

Orsolya

[noajthan]

HI Noajtan,

Thank you.
If I look at the EEA3 permanent residence application form (the old sort version). In Section 4 - Personal History 4.1 The question is: Do you or any family members included in this application have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you? Yes or No.

Does he have to tell on this page about this fine and the court?
I really don't know.....

Orsolya

Well if you use a form that asks for the information you need to give it - but it is not a factor in determining if someone has acquired PR.

[Orsolya]

Thank you very much!

[Orsolya]

Thank you very much!

He got the PR, it was not a problem.
Thank you!