Doubts about renewals of non-EEA PR

[apriliapegaso28]

Hi,

We're applying for my non-EEA spouse PR via the following doc: https://www.gov.uk/government/publicati ... orm-eea-pr

And section 4 explains we'll have to complete this form again in the future to renew her PR.

We've got a few doubts:

1.- How long is the current non-EEA PR valid for? In the past I read 10y but I've now seen some post referring to a valid period of 5y, so wanted to confirm.

Proof of residence in UK (sections 4-8) or EEA state (section 10) for the relevant period –
e.g. utility bills, bank statements, council tax (or equivalent) bills, NHS (or equivalent) letters,
mortgage/tenancy agreements, etc.

2.a- The form above mentions that if one completes section 4 they have to send proof of residence for the relevant period. What would be the 'relevant period' if one has already got a non-EEA PR and it's just applying for its renewal?

2.b- And similar to the previous doubt, the explanations say to send at least 2 or 3 docs per year. Does that mean that we couldn't go for example 1 or 2 years to live in a different country?

The following 2 doubts are mainly confirming to see if our understanding is correct.
Once she's got her own non-EEA PR:
3. she wouldn't need to complete the sponsor's section anymore, right?
4. we have not needed any benefit so far, but if we ever needed something. Could her future non-EEA PR renewal be affected if we claim any kind of help?

Many thanks!!

[secret.simon]

Permanent Residence status is permanent. If your spouse and you have acquired PR, you have it for life unless you leave the UK for a period of two continuous years.

The PR Card, just like a passport, has a validity of 10 years (though some have reported that their is only valid till 2024 due to an EU rule regarding biometric).

2.b- And similar to the previous doubt, the explanations say to send at least 2 or 3 docs per year. Does that mean that we couldn't go for example 1 or 2 years to live in a different country?

If you live outside the UK for two years, you lose PR status in the UK.

2.a- The form above mentions that if one completes section 4 they have to send proof of residence for the relevant period. What would be the 'relevant period' if one has already got a non-EEA PR and it's just applying for its renewal?

I would presume that would be since the last card was issued to you. That is just to ensure that you have not been away from the UK for any period of two years, thus invalidating your PR, as mentioned above.

[ohara]

The actual permanent residence status does not 'expire', only the card does. Renewing is simply a case of getting a new card, and you don't need to send all of your evidence again as HO will have this all on record presumably forever.

I believe the encryption technology used by the chip in the card is due for an upgrade sometime around 2024 or so, at which point you may need to renew the card.

If you leave the UK more more than 2 years, you will lose PR status so you can't just up sticks for a few years and then decide to come back with PR.

Once a non-EEA citizen has PR they do not need a sponsor, and can claim benefits they are entitled to. Renewal of the CARD will not be affected by this.

[apriliapegaso28]

Thanks for help, I see what you mean.

And regarding the renewal of the card then, do you know how long it's currently valid for?

And for its renewal, the HM paperwork mention to provide 'proof of residence in the UK' for the relevant period. Does that mean that if it's valid for example for 10y, one has to keep some docs for 10y so that they can be sent upon renewal?

[ohara]

It's only the non-EEA PR cards which have an expiry date, as the EEA PR document is not a biometric card.

I think the validity at the moment is 5 or 10 years (not sure though). It has confused many people with BRP's as they are valid for 10 years but all new cards at the moment are set to expire at the end of 2016.

http://www.immigrationboards.com/indefi ... l#p1351626

I expect they want to see your proof of residence again at renewal just to make sure you haven't lost PR status by being absent from the UK for 2 or more years.

[apriliapegaso28]

Understood, thanks for link, that's what I was trying to find.

It seems it might be 10y validity then:

The official guidance:
"The 31 December 2024 validity date is due to a requirement by the EU to restrict BRPs which do not incorporate the next generation of encryption technology.
As the UK intends to introduce the new technology during 2016 the date restriction affects only BRPs issued to adults with settled status (ILR/NTL).
Any BRP rightfully held on 01 July 2024 that is restricted will be replaced free of charge, with the balance of the 10 year period initially expected being issued on a new BRP.
This means that anyone who has paid a fee in expectation of receiving ten year evidence of settled status will still do so, but it will be spread over two BRPs.
The date restriction does not change the entitlements of the rightful holder to work, access services/benefits or travel. The rightful holder still has settled status".

[ohara]

To avoid confusion, my previous post should have read are set to expire at the end of 2024.