SET(M) vs SET(LR)

[apple5]

Hi,

I need a piece of advice. I'm now British citizen who spent over 10 years here based on EEA nationality.
My wife has been here for the same period on non-EEA family permanent residence (EEA3). I've been told that she can still use EEA3 until it expires even though I'm now British. Is that true?
Anyway, it will expires next year. What would be a better option for her SET(M) or SET(LR)? I think she is eligble for both, am I right? Is there any advantage one above other?

Thanks,

[vinny]

SET(M) is not an option, as a prerequisite is leave as a partner.

[CR001]

She doesn't qualify for ILR through Set(M) because she does not hold a visa in the relevant UK immigration category, ie spouse settlement visa.

Set(LR), she would have to submit proof of the EU citizens 'exercising treaty rights', which with you now British, is going to be difficult.

What is your wife's full UK immigration history, with relevant dates?

If she has been an EU FM for 10 years, she has likely attained PR already if you were a qualified person.

[apple5]

Thank you for both for reply.
CR001 her immigration history is straight forward. We came to the UK in aug 2006 with family member entry clearance, followed by EU-family member (EEA4) visa. In 2011 she obtained permanent residence (EEA3). and here is the trick it says "permanent residence" but it expires in 2021. I've been told by Home Office that renewing is easy process but since I'm now British EU priviliges are no longer applicable in my situation. Secondly, I'm getting confusing info from HomeOffice depending who picks up the phone. One says I have to clarify her immigration status asap due to the change in circumstances and the other says everything is ok until eea3 expiration date.
Regardless, all above I need to do something about it at some point, especially in the view of Brexit.
Any advice greatly appreciated

[CR001]

What residence card do you currently hold?

Did you not apply for PR at the same time as your spouse?

[apple5]

yes, we applied togeter for PR in 2011.
I've got EEA(PR) and she's got EEA(FM). that time it was EEA1 and EEA3 I think.
But I'm British now so it changes quite a lot.
Would FLR(FP) 10years route be an option or SET(LR) be still better?

[CR001]

yes, we applied togeter for PR in 2011.
I've got EEA(PR) and she's got EEA(FM). that time it was EEA1 and EEA3 I think.
But I'm British now so it changes quite a lot.
Would FLR(FP) 10years route be an option or SET(LR) be still better?

If you both applied for PR in 2011, then how can she have EEA(FM)?

Your posts/history doesn't make sense. She either has PR or she doesn't.

[Richard W]

In 2011 she obtained permanent residence (EEA3). and here is the trick it says "permanent residence" but it expires in 2021.

If you have described the card correctly, you wife has permanent residence. A PRC is valid for 10 years, whereas a 'temporary' residence card is only valid for up to 5 years. The card, not the permanent residence, expires in 2021. Under normal circumstances, the permanent residence would only expire if your wife was outside the UK for 2 years - it now in no way depends on you. It should indeed be fairly straightforward to renew it - the most difficult bit will be to show that she has not been outside the UK for 2 years, and renewing it will be no worse than renewing a BRP demonstrating ILR.

The obvious thing to do to secure your wife's status in the UK would be to naturalise. If that is not an option (e.g. because she would forfeit her current nationality), I recommend you just wait to see what happens as a result of Brexit. A PRC holder is under no obligation to attempt to renew her PRC, whereas a new ILR holder is legally obliged to renew the biometric residence permit (BRP) that would go with the ILR.

She could in principle aim for ILR outside the rules on the basis of 10 years lawful residence - but I see no benefit in so doing. Such a route may need leave to be obtained somehow - and the expensive route of FLR(M) is the cheapest legal way of getting leave that I can see. Just crossing the inter-Irish border no longer works even if she is a non-visa national - it used to confer 3 months leave to remain!

[apple5]

yes, we applied togeter for PR in 2011.
I've got EEA(PR) and she's got EEA(FM). that time it was EEA1 and EEA3 I think.
But I'm British now so it changes quite a lot.
Would FLR(FP) 10years route be an option or SET(LR) be still better?

If you both applied for PR in 2011, then how can she have EEA(FM)?

Your posts/history doesn't make sense. She either has PR or she doesn't.

She's got non-EEA citizen permanent residence card as an EEA citizen family member. However, it expires in 2021. Under normal circumstance is quite easy to apply for renewal. However, I'm now British and the Border Agency has told me I no longer can apply using my EU citizenship to renew her future PR. Therefore, I'm looking for other options.

[CR001]

yes, we applied togeter for PR in 2011.
I've got EEA(PR) and she's got EEA(FM). that time it was EEA1 and EEA3 I think.
But I'm British now so it changes quite a lot.
Would FLR(FP) 10years route be an option or SET(LR) be still better?

If you both applied for PR in 2011, then how can she have EEA(FM)?

Your posts/history doesn't make sense. She either has PR or she doesn't.

She's got non-EEA citizen permanent residence card as an EEA citizen family member. However, it expires in 2021. Under normal circumstance is quite easy to apply for renewal. However, I'm now British and the Border Agency has told me I no longer can apply using my EU citizenship to renew her future PR. Therefore, I'm looking for other options.

The PR card expires NOT the actual PR. You renew the card like a drivers license would be renewed. PR is only lost if she leaves the UK for 2 or more years.

PR is independent of the EU citizen. She is now settled and does not require to be 'sponsored' any longer.

Home Office are well known for giving out incorrect advice.