Non EEA Spouse PR Forms Query

[sunshinevalley]

Dear All.

My question is regarding PR application for a NON-EEA Spouse on the basis of 5 Years Marriage, still living together, throughout working full time with no absence at all for both.

What are the documents do I need to send to cover the whole 5 Years?
How many documents should I send for each Year?
Do I send just originals or photocopies as well?

I have read in the forum, some are saying ''only originals should be sent'' and some are suggesting ''originals + photocopies''. I would appreciate if somebody can clear things up please.

Your replies would be highly appreciated.

Kind Regards.

Thanks in advance.

[noajthan]

Have you read PR guidance? - its quite clear and comprehensive.

[sunshinevalley]

Dear All.

Would somebody please advise me as to which forms would be appropriate for my PR application.
Below is my Timeline;
I am a Non EEA National, married to an EEA National for the past 5 Years, living together, working full time, with no absence for both.

I got my RC in April 2013.
My EEA Spouse became British in 2014.
I have already contact HOME OFFICE via an FOI request and they have confirmed that ''No McCarthy regulation'' will apply and I will still be able to under the EEA Regulations and my EEA Spouse can still sponsor me staying within the UK.

So shall I just use the same ''PR Forms- on the basis of being married to an EEA National''? or any other forms would be appropriate for me?

Your guidance would be much appreciated.

Regards for All.

[noajthan]

Dear All.

Would somebody please advise me as to which forms would be appropriate for my PR application.
Below is my Timeline;
I am a Non EEA National, married to an EEA National for the past 5 Years, living together, working full time, with no absence for both.

I got my RC in April 2013.
My EEA Spouse became British in 2014.
I have already contact HOME OFFICE via an FOI request and they have confirmed that ''No McCarthy regulation'' will apply and I will still be able to under the EEA Regulations and my EEA Spouse can still sponsor me staying within the UK.

So shall I just use the same ''PR Forms- on the basis of being married to an EEA National''? or any other forms would be appropriate for me?

Your guidance would be much appreciated.

Regards for All.

Form EEA(PR).

FOI/Whatdoyouknow is not 100% reliable even in area of EU migration.
Do you have official written confirmation of advice you are quoting? When is it dated?

When did you apply/acquire any previous FP to enter UK and when did you apply for the RC that you have?

[sunshinevalley]

Dear noajthan

Thank you very much for your kind reply.

I applied for RC in February 2011.
RC received May 2013.
There were just delays, no refusal or any appeals. It was just long delay.

Then in last month i wrote to the HO to find out about if my application for PR would still be under the EEA regulations, as my EEA Spouse naturalized already in 2014.
They replied in the email, that i will still be considered, and no ‘’McCarthy regulation’’ would apply on my case because i did apply for initial RS in February 2011.
These are the facts i explained above.

Now i would request, if you have any valuable knowledge to please shed some light on this to oblige.

Once again, thank you very much for your time.

Kind Regards.

[noajthan]

Dear noajthan

Thank you very much for your kind reply.

I applied for RC in February 2011.
RC received May 2013.
There were just delays, no refusal or any appeals. It was just long delay.

Then in last month i wrote to the HO to find out about if my application for PR would still be under the EEA regulations, as my EEA Spouse naturalized already in 2014.
They replied in the email, that i will still be considered, and no ‘’McCarthy regulation’’ would apply on my case because i did apply for initial RS in February 2011.
These are the facts i explained above.

Now i would request, if you have any valuable knowledge to please shed some light on this to oblige.

Once again, thank you very much for your time.

Kind Regards.

You have smashed it.

An RC application made pre mid-2012is fine.
This makes you able to enjoy the McCarthy transitional arrangement and so maintain your sponsor's EEA status.

So, in this case, all credit to FOI - their advice makes sense and appears compliant with HO guidance here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- page 45

You may proceed with EEA(PR).

Good luck.

[sunshinevalley]

Dear noajthan

Thank you so much for your time and help, truly appreciate this.

So i would be using the ‘’EEA PR FORMS’’ to apply.

I am going to apply next month and in the meantime if any question arises, i would definitely post here to seek some advice.
I will updating here as well, to help others.

Once again ,thanks you so much.

[sunshinevalley]

Dear All.

Good Morning.

I am a Non-EEA National about to send my PR-Application next month on the basis of being married for 5 Years, still together, working both full time, wife maintaining treaty rights throughout, with no prolonged absence whatsoever.

I have already cleared many points in previous posts – big thanks to ‘’Every Professional Naojthan’’.

I want your opinion about the following.

My Wife is EEA-National + British Nationality Holder .
So when i send my PR-Application shall i send The British Passport of my Wife with my application or shall i be sending the EEA-ID Card/EEA-Passport or Both?

Your time, help and support is much appreciated.

Special regards to Naojthan!!!

[vinny]

Merged.

[vinny]

Don't you have ILR?

[sunshinevalley]

Dear Vinny

Since I am still under the EEA Rules because when we got married my Wife was an EEA-national exercising her treaty rights/working full time throughout without any prolonged absences.
She got the British Nationality in 2015.

So in this case, bearing in mind, my wife is Dual National , I just wanted to know with my PR-Application; shall I send the British Passport of my Wife or EEA Passport/ ID or shall I have send both i.e. British and EEA Passport/ID?


Thank you very much for help.

Regards.

[noajthan]

Dear Vinny

Since I am still under the EEA Rules because when we got married my Wife was an EEA-national exercising her treaty rights/working full time throughout without any prolonged absences.
She got the British Nationality in 2015.

So in this case, bearing in mind, my wife is Dual National , I just wanted to know with my PR-Application; shall I send the British Passport of my Wife or EEA Passport/ ID or shall I have send both i.e. British and EEA Passport/ID?


Thank you very much for help.

Regards.

Do you have ILR - as per other topic?
How can you have a civil partner and a spouse?
What is all that stuff about civil partner and DV and etc.
How does it relate to EU migration journey?

If so you are settled already so why would you apply for confirmation of PR as well?

[sunshinevalley]

Dear noajthan.



There is a confusion going on.

I elaborate again.
I am a Non-EEA national Married with an EEA-National in 2010.
Sent application January-2011.
Got my Residence permit –Mid 2013.
No refusal/No appeal –just long delays.

Now i would like to apply for PR as you can see my earlier posts and you responded back as well.

My EEA Spouse became a British National in 2015 while i am still holding the same ‘EEA Family Residence’’.

My 5 Years are going to be completed at the end of December-2016.

So i want to apply for PR-on the basis of being married to an EEA-National as was the case when we got married.

Already checked and verified so ‘’i can use the Mcarthy transition period’’ and that ruling of change in the laws wouldn’t affect me.


My only question is , would you please clarify if i have to send my Spouse’s British Passport or EEA Passport/ID with my PR Application. This is the only point to be clarified pleasr.

''for reference, please check my earlier posts Dear Noajthan.

Many thanks again.

[noajthan]

ok, so who are you referring to in your linked post made under same username? (reference to civilpartner and DV case/ILR).

[sunshinevalley]

Dear Noajthan

I post this question today, with a new thread but ''VINNY'' changed and merged so I do not know why it was done.

I would appreciate if you could clarify about the passport thing, that was the only question I had.

Many thanks once again.

[noajthan]

Dear Noajthan

I post this question today, with a new thread but ''VINNY'' changed and merged so I do not know why it was done.

I would appreciate if you could clarify about the passport thing, that was the only question I had.

Many thanks once again.

I need to understand why have you have two completely different scenarios posted under same user name.
Who else is using your username?

[sunshinevalley]

Dear Noajthan

Now I understand what is the confusion.

The case I mentioned sometimes ago with my ID was on behalf of one of my friends with Domestic Violence History. I posted that due to she being not having any internet facility.


But this EEA-PR case belongs to myself , I hope this clears things up.


Sorry for the confusion.


Regards.

[noajthan]

Dear Noajthan

Now I understand what is the confusion.

The case I mentioned sometimes ago with my ID was on behalf of one of my friends with Domestic Violence History. I posted that due to she being not having any internet facility.


But this EEA-PR case belongs to myself , I hope this clears things up.


Sorry for the confusion.


Regards.

Can you see why its better to declare the full scenario to avoid confusion and/or doubt.

And submit both passports.

[sunshinevalley]

Dear noajthan.

Very Good Morning to you first.

Sincere apologies, it was my mistake, I should have/rather must have explained that I was writing on behalf of my friend.

The British Passport of my Spouse is valid .
The EEA Passport is expired .
She has EEA ID as well.

I am going to send my case next month for PR and since HO is taking about 6 Months to decide, and my Spouse is planning to travel to EU in the month of March for her Dr. Appointment so in this case, do you think it would be wise to send ''British Passport + EEA Expired Passport'' and keeping the EEA ID so that at least she can travel in March. Do you think it would be wise enough for my PR-Application?

And, if as in my case, I send British Passport + EEA Expired Passport + EEA ID card to the home office, I know we can always ask them to send back certain documents , but once received back certain documents due to any travel plans, do we have to send them back to the HOME OFFICE once again after the travelling is completed. (I am sure the answer for this would help many people).



And thank you ever much for your kindness and help and apologies again for creating such confusion.



Many thanks.

Kind Regards.

[noajthan]

Noted.

The key point here is to show McCarthy applies so make sure you explain that in a cogent cover letter and include necessary proof that the ta is invoked, namely the RC.

Both of sponsor's passports should be adequate to prove identity.

I am risk-averse so if it was me I'd sent Euro id too - and request it back later or even re-schedule the travel.
Get the immigration matters sorted then normal life can resume.