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PR changes from nonEU to BC sponsor

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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apple77
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Joined: Mon Mar 06, 2017 11:10 am

PR changes from nonEU to BC sponsor

Post by apple77 » Mon Mar 06, 2017 11:23 am

Hi,

I've been totally confused by HO as they say different things each time I call them.
Situation is as follows. My non-EU wife got PR on a basis of my EEA nationality few years ago which is due to renewal in 2020. However, giving the fact of Brexit she may not be able to do that. Secondly, maybe even more important, in the meantime I became British citizen so I suppose it changes her status from EEA immigration rules to UK immigration. Now, once HO said we don't have to do anything before PR renwal date. Second time, they said we need to report it immidiately and change PR type.
Do we really have to report it and change it or leave it as it is?
She been living here for more then 10 Y so would be SET(LR) suitable way in the near future to reflect this change?
I would appreciate any help as we are planning holiday soon and we don't want to spend it in detention centre.

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CR001
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Re: PR changes from nonEU to BC sponsor

Post by CR001 » Mon Mar 06, 2017 12:05 pm

apple77 wrote:Hi,

I've been totally confused by HO as they say different things each time I call them.
Situation is as follows. My non-EU wife got PR on a basis of my EEA nationality few years ago which is due to renewal in 2020. However, giving the fact of Brexit she may not be able to do that. Secondly, maybe even more important, in the meantime I became British citizen so I suppose it changes her status from EEA immigration rules to UK immigration. Now, once HO said we don't have to do anything before PR renwal date. Second time, they said we need to report it immidiately and change PR type.
Do we really have to report it and change it or leave it as it is?
She been living here for more then 10 Y so would be SET(LR) suitable way in the near future to reflect this change?
I would appreciate any help as we are planning holiday soon and we don't want to spend it in detention centre.
Stop confusing yourself.

PR status DOES NOT have to be renewed. It is ONLY the PR card that is renewed, like a drivers licence.

She can apply for citizenship if she has the document certifying PR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

apple77
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Posts: 2
Joined: Mon Mar 06, 2017 11:10 am

Re: PR changes from nonEU to BC sponsor

Post by apple77 » Mon Mar 06, 2017 12:33 pm

Thanks CR001, I totally understand that, but by 2020 UK most likely wouldn't follow any EEA immigration rules so ther won't have any grounds to renew her residence card. Following your analogy to driving license, yes can renew it close to expiry date, but if your conditions change eg. vision or hearing impairment it will be cancelled.
She doesn't want to apply for citizenship because she'd lose her original one. We traveled couple of months ago and on return immigration officer asked who her EEA partner is so I had to prove it by showing my EU passport instead of British and that doesn't feel right. I'm just worried next time we may not be that lucky eg.I may forget my EU passport.

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CR001
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Re: PR changes from nonEU to BC sponsor

Post by CR001 » Mon Mar 06, 2017 1:05 pm

If she continues to live in the UK, then her PR status is safe. It is only the card that gets renewed due to people's appearance changing.

PR status remains unchanged in she lives in the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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