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Date when one acquires PR

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

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obormot
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Posts: 375
Joined: Tue Apr 16, 2013 2:40 pm
Location: Glasgow
France

Date when one acquires PR

Post by obormot » Tue Oct 09, 2018 4:51 pm

One more funny thing about HO:
All our family first arrived to UK in July 2013. But adults were employed in UK from May 1, 2013 (by the University, long story). We clearly stated in the PR application that we all arrived in July 2013.
Now the adult family member gets PR letter saying PR counts form May 1, 2018, but kids' letters say it is from September 1, 2018 (for kids we submitted school records, which by the way start from mid-august 2013).

kamoe
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Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Date when one acquires PR

Post by kamoe » Tue Oct 09, 2018 10:55 pm

Interesting.

I suppose this reflects the difference between acquiring PR and proving that you acquired PR.

I interpret this is the HO saying: well, the earliest date we know the adults were in the UK is when they started employment; and the earliest date we know the kids were in the UK is when they started school. (And they grant everyone as much time as they can verify.)

Otherwise, is there a way to prove you were all in the UK in July?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

obormot
Member of Standing
Posts: 375
Joined: Tue Apr 16, 2013 2:40 pm
Location: Glasgow
France

Re: Date when one acquires PR

Post by obormot » Wed Oct 10, 2018 10:46 am

Yea, I understand the logic.
The funny thing however is that they granted the adult PR from the date three months before the actual arrival day!
As for kids' dates - I have some evidence, but it is 1.5 months difference, in summer we probably will not be in UK anyway, and we are even not convinced we should apply for UK citizenship.. (one kid is 18 in spring 2020, but I think the age counts at the moment of application, so September 2019 is fine if we decide to go for it)

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Date when one acquires PR

Post by kamoe » Wed Oct 10, 2018 11:02 am

obormot wrote:
Wed Oct 10, 2018 10:46 am
The funny thing however is that they granted the adult PR from the date three months before the actual arrival day!
Doesn't matter. As far as the HO is concerned, your paying taxes in the UK counts as being present... or at least has the most weight :P

I know of a case where a fiend left the UK to live in Brussels (the irony) but kept working remotely for her UK employer. No problem applying for British nationality after physically leaving the UK for more than a year right after acquiring PR (which would normally disqualify you from applying). They did this through a specialized solicitor in the UK. How they presented the case and her permanent address is a detail I do not know (they bought a house in the UK, but this was completed after the citizenship was granted). I know they did not lie, and they specifically argued it was their intention to come back to the UK. They were successful.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Date when one acquires PR

Post by kamoe » Sun Oct 14, 2018 9:02 am

Now, my partner just got his PR card, his timeline is the following:

Sept 2010: Arrived in the UK
Sept 2010 - Early 2012: Work as a contractor
Early 2012 - July 2012: Job seeker
July 2012 - Present: Full-time employment

We declared his arrival date, but only presented evidence for July 2012 - Present; as this was enough to qualify him for 6 years in the UK. In reality, as you can see he had been qualified for about 8 years, but it was difficult to collect evidence for all years, so we stuck to what was straightforward.

He received his PR and the letter says he acquired PR on 1st January 2017. Six months more than the evidence we supplied.

Thinking that maybe the HO grants PR with an arbitrary date of 1st January of the year you started supplied evidence for if it is clear that you were qualified before that year (?). As per requested in the form, we supplied NI information, so it would be clear for them that he was a taxpayer as early as 2010.

There.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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