Which route - Applying for an extension on my Residence card

[ihavelost]

Hello all.

My current residence card has just expired this summer. I am now in the process of applying for it again as the spouse of a Swiss national.
I am not 100% sure if I should apply for a Permanent Residence or for an extension only.
Is there a difference?
Is the EEA(PR) harder to get than the alternative?

My wife does not hold a PR here and we are both self employed. We did not think that she might need a Residence card here as well... should we apply both if that would make things more straight forward?

thanks for providing a bunch of info in these forums... great to hear other peoples experience.

[ohara]

I assume you are a non-EEA national.

There is no "extension" for a residence card. It is simply a confirmative document which is not mandatory for direct family members. An RC lasts for 5 years, after which time you would normally acquire permanent residence status.

You can only apply for a permanent residence card if you have acquired permanent residence. Again, it is a purely confirmative document.

Can you give us a timeline of your spouse's economic activity in the UK?

[ihavelost]

thanks for the reply ohara,

yes I am a non-EEA national.

My wife has been in the UK since 2003. she has completed her studies here by 2007. during that time she used to work pub staff.
We both lived outside UK for 2 years and got back here in 2010, that's when we got married and started working as self employed (registered self assessment since 2011) and paying NIC2 as well

does that info help or did I miss anything?

[ohara]

That looks good.

Did you marry in the UK? Was it before or after your wife began self employment? On the EEA migration route, it is only the economic activity of the EEA national which is relevant.

[ihavelost]

Yes, we got married here in the UK.

and she did start her work as self employed after that. Actually she started pretty much at the same time as we made the application for the first residence I held (just ran out)

I learned today that only her economic activity matters in this sort of application, however in terms of providing to paying bills etc my self employed activity has been more profitable.

Do you think this would matter? If I cannot show my own invoices / bank etc?

[ohara]

Yes, we got married here in the UK.

and she did start her work as self employed after that. Actually she started pretty much at the same time as we made the application for the first residence I held (just ran out)

I learned today that only her economic activity matters in this sort of application, however in terms of providing to paying bills etc my self employed activity has been more profitable.

Do you think this would matter? If I cannot show my own invoices / bank etc?

No, it's not really relevant unless your wife is claiming PR on the basis of self sufficiency and is supported by your earnings, which is not the case here.

All sounds good, and assuming there are no gaps in her qualifying period, you have probably both acquired PR some time in 2015. You should both shoot for confirmation of PR. The form you mentioned in your first post, EEA(PR), is the correct one to use. You can both apply on the same form; your wife is the main applicant, and you are a non-EEA family member. It should be completed from the point of view of your wife.

[ihavelost]

thanks for the info Ohara.

I have noticed a few posts about EEA nationals applying for PR as well (I've asked HO but they said it wasn't necessary at this time). It seems to be the safer route in this transition period.

[ohara]

Don't trust anything the Home Office says on their telephone "help" line

You don't apply for PR itself; that is acquired automatically under EU law. All you are applying for is documentation which confirms you have PR status. It is not mandatory to do so, but if you have ambitions of British citizenship in the future then it is a requirement for that application.

Also, with Brexit looming, it would certainly be prudent to have the PR documents. They may be the key to invoking any transitional arrangements for EEA citizens to remain in the UK.

[ihavelost]

Don't trust anything the Home Office says on their telephone "help" line

I will take this into consideration.

thanks for taking the time to write all this info.

cheers

[ihavelost]

Quick Question,

Both me and my wife have lived in the UK from 2003 with a pause living in Brazil from 2008 - 10.
We've been back since 2010 and I was informed that this is the date I should put down as the relevant on our application - which is fine.
My concern is that on section 11 There is a question about when / where first met your sponsor (my wife) and that would be earlier in 2004 in the UK.

Would it matter or should I clarify that we lived in the UK before the current qualifying period?

thanks again for all the responses

[noajthan]

Quick Question,

Both me and my wife have lived in the UK from 2003 with a pause living in Brazil from 2008 - 10.
We've been back since 2010 and I was informed that this is the date I should put down as the relevant on our application - which is fine.
My concern is that on section 11 There is a question about when / where first met your sponsor (my wife) and that would be earlier in 2004 in the UK.

Would it matter or should I clarify that we lived in the UK before the current qualifying period?

thanks again for all the responses

There is no question about what you think is your qualifying period. How would you know?
And what if you get it wrong (as others have done)?

Fill in form with all your various timelines and activities and let the caseworker figure it all out and decide whether she will confirm your appiication.
She is trained and experienced; she does this every day. She's seen it all before.
That's what you are paying £65 for.

If you first came to live in UK in 2003 that should probably be entered as date of first entry.

[ihavelost]

There is no question about what you think is your qualifying period. How would you know?
And what if you get it wrong (as others have done)?

Fill in form with all your various timelines and activities and let the caseworker figure it all out and decide whether she will confirm your appiication.
She is trained and experienced; she does this every day. She's seen it all before.
That's what you are paying £65 for.

If you first came to live in UK in 2003 that should probably be entered as date of first entry.

Thanks for the answer,
I explained that over the phone with HO call centre, they advised to use 2010 as that is the period we decided to settle in the UK
But as mentioned a few replies above the advices from HO call centre aren't 100%

It's going to be a real challenge to remember all the times we have been out of the country for the past 13 years

[noajthan]

There is no question about what you think is your qualifying period. How would you know?
And what if you get it wrong (as others have done)?

Fill in form with all your various timelines and activities and let the caseworker figure it all out and decide whether she will confirm your appiication.
She is trained and experienced; she does this every day. She's seen it all before.
That's what you are paying £65 for.

If you first came to live in UK in 2003 that should probably be entered as date of first entry.

Thanks for the answer,
I explained that over the phone with HO call centre, they advised to use 2010 as that is the period we decided to settle in the UK
But as mentioned a few replies above the advices from HO call centre aren't 100%

It's going to be a real challenge to remember all the times we have been out of the country for the past 13 years

Take helpline with a pinch of salt.

However I note you married in 2010 so your qualifying period as a dependent FM cannot have started before 2010.

No harm in mentioning you were in UK before then, after all - you were (!) and there is a question for date of first entry.

[ihavelost]

Indeed we got married only in our return to the UK.
I've applied and was granted Residence card from 2011-2016 and now is time to apply for PR.

We just decided that was a good move for the wife to apply as well this time.

Ok thanks for all the info, I think we are ready to apply.

[noajthan]

Caseworker will process everything:

• when 1st in UK;
  when absent / when returned;
  when married;
  what sponsor did ever since;

& etc etc