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PR when to apply! What Docs

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mosandow
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PR when to apply! What Docs

Post by mosandow » Mon Jan 23, 2017 8:19 am

Hi everyone, I need some help please , my case as follows :
I am a non EEA married to EEA national , married abroad in February 2012 , but I didn't enter the U.K. Until May , I have got RC will expire in Oct 2017 , I was wondering when I should apply for PR ! Shall I apply in February as it's 5 years married or wait until May as I'll complete 5 years in the U.K. ?
Docs : my wife she got a permanent residence , do I have to send any other documents or just her PR will do !
Thank you in advance for any help .

noajthan
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Location: UK

Re: PR when to apply! What Docs

Post by noajthan » Mon Jan 23, 2017 9:03 am

May 2017.

Its not as simple as that, read the guidance.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosandow
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Re: PR when to apply! What Docs

Post by mosandow » Mon Jan 23, 2017 9:22 am

noajthan wrote:May 2017.

Its not as simple as that, read the guidance.
Hi noajthan
I have read on another' topic posted on this forum that the 5 years commence from the day marriage got registered!

And can I not apply for anything before May 2017 ! In fact I mean before March brexit triggered!

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR when to apply! What Docs

Post by noajthan » Mon Jan 23, 2017 9:25 am

mosandow wrote:
noajthan wrote:May 2017.

Its not as simple as that, read the guidance.
Hi noajthan
I have read on another' topic posted on this forum that the 5 years commence from the day marriage got registered!

And can I not apply for anything before May 2017 ! In fact I mean before March brexit triggered!
Don't believe everything you read.

Follow the Directive. Registering a marriage has nothing to do with it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosandow
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Re: PR when to apply! What Docs

Post by mosandow » Mon Jan 23, 2017 9:43 am

noajthan wrote:
mosandow wrote:
noajthan wrote:May 2017.

Its not as simple as that, read the guidance.
Hi noajthan
I have read on another' topic posted on this forum that the 5 years commence from the day marriage got registered!

And can I not apply for anything before May 2017 ! In fact I mean before March brexit triggered!
Don't believe everything you read.

Follow the Directive. Registering a marriage has nothing to do with it.
Can I apply for any early confirmation that I sent the application! Or something like that ?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR when to apply! What Docs

Post by noajthan » Mon Jan 23, 2017 10:54 am

mosandow wrote:Can I apply for any early confirmation that I sent the application! Or something like that ?
Not sure what you mean.

The earliest you may have acquired PR is May this year - depending on sponsor's activity in UK and assuming both party's absences from UK (if any) have been within prescribed limits.

Apply in or after May.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosandow
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Re: PR when to apply! What Docs

Post by mosandow » Mon Jan 23, 2017 11:14 am

noajthan wrote:
mosandow wrote:Can I apply for any early confirmation that I sent the application! Or something like that ?
Not sure what you mean.

The earliest you may have acquired PR is May this year - depending on sponsor's activity in UK and assuming both party's absences from UK (if any) have been within prescribed limits.

Apply in or after May.
The sponsor have been in the UK since 1998 and have been working since then , also got PR , thought I as a family member of a qualified Eu citizen , only need to be married to them 5 years ! Not the time when I entered the U.K.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR when to apply! What Docs

Post by noajthan » Mon Jan 23, 2017 11:30 am

mosandow wrote:
noajthan wrote:
mosandow wrote:Can I apply for any early confirmation that I sent the application! Or something like that ?
Not sure what you mean.

The earliest you may have acquired PR is May this year - depending on sponsor's activity in UK and assuming both party's absences from UK (if any) have been within prescribed limits.

Apply in or after May.
The sponsor have been in the UK since 1998 and have been working since then , also got PR , thought I as a family member of a qualified Eu citizen , only need to be married to them 5 years ! Not the time when I entered the U.K.
No, the clue is in the name: you cannot acquire permanent residence in UK if you have not lived in UK as per requirements to acquire PR.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosandow
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Re: PR when to apply! What Docs

Post by mosandow » Mon Jan 23, 2017 12:08 pm

Thank you very much noajthan for your help,
And what would be the worst scenario if I applied 2 months earlier!

noajthan
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Location: UK

Re: PR when to apply! What Docs

Post by noajthan » Mon Jan 23, 2017 1:08 pm

mosandow wrote:Thank you very much noajthan for your help,
And what would be the worst scenario if I applied 2 months earlier!
This is not a visa and there is no 28-day rule or anything like that.

You will be refused as you will not have acquired PR at that time so it can't be confirmed.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosandow
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Re: PR when to apply! What Docs

Post by mosandow » Thu Jan 26, 2017 9:28 pm

noajthan wrote:
mosandow wrote:Thank you very much noajthan for your help,
And what would be the worst scenario if I applied 2 months earlier!
This is not a visa and there is no 28-day rule or anything like that.

You will be refused as you will not have acquired PR at that time so it can't be confirmed.
Hi noajthan, I wonder whether or not the EU treaties will be still enforced after article 50 triggered ? In other word will you still be able to apply for EEA2 /EEA3 etc.. !

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR when to apply! What Docs

Post by noajthan » Thu Jan 26, 2017 9:37 pm

mosandow wrote:Hi noajthan, I wonder whether or not the EU treaties will be still enforced after article 50 triggered ? In other word will you still be able to apply for EEA2 /EEA3 etc.. !
Yes you will be able to, as per UK EEA Regs, and as backed by the full weight and power of EU law.

if you read the Act to give power to PM to trigger Article 50 (published today) you will see it does not speak to any changes or cancellations of such rights.
In fact it couldn't.

The UK EEA Regs will remain in force for at least two more years as, even with this week's momentous announcements, Article 50 has not yet been triggered.
Viva free movement!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosandow
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Re: PR when to apply! What Docs

Post by mosandow » Thu Jan 26, 2017 9:43 pm

noajthan wrote:
mosandow wrote:Hi noajthan, I wonder whether or not the EU treaties will be still enforced after article 50 triggered ? In other word will you still be able to apply for EEA2 /EEA3 etc.. !
Yes you will be able to, as per UK EEA Regs, and as backed by the full weight and power of EU law.

if you read the Act to give power to PM to trigger Article 50 (published today) you will see it does not speak to any changes or cancellations of such rights.
In fact it couldn't.

The UK EEA Regs will remain in force for at least two more years as, even with this week's momentous announcements, Article 50 has not yet been triggered.
Viva free movement!
Aw thank you man for quick replay .
Well that's good then , yeah has not triggered yet but will be in the end of march.
Viva bloody free movement

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