PR for Non-EEA family member

[Garnet83]

Hi There,

Does anyone know how far in advance can one can apply for PR (using the EEA(PR) version July '15) for a non-EEA family member who's 5 yr family residence permit is about to expire?

Residence permit expires 7th Sept. '15. Can I send in the form now and include the £65 fee?

Many thanks,

Garnet

[Garnet83]

Anyone please?

[maxmelion]

The application too complex and gather the decumrnts morehard . U should seek assist for it . U cannot do it in ur own . I had assist from obie nd he he is perfect
He is in thos furom find him nd ask his assist .

[Garnet83]

Hi Maxmelion,

Thank you for your reply. I've printed the form and looked at all the evidence HO needs. It seems straight forward and all the evidence is a lot I agree but not hard to gather.

Can I ask you if you are talking from own experience? Why do you think it's too complex?

Obie, would you be able to give some feedback as well please?

Thanks

[maxmelion]

Im not very good in law but in my openion u have to include with the application cover letter which its hard but if u can do it urself thats ok . I m over 5 years now nd soon i woll apply for pr .

[bluecole2]

Hi There,

Does anyone know how far in advance can one can apply for PR (using the EEA(PR) version July '15) for a non-EEA family member who's 5 yr family residence permit is about to expire?

Residence permit expires 7th Sept. '15. Can I send in the form now and include the £65 fee?

Many thanks,

Garnet

What I know is you may have already qualify for PR. This depends on the day you entered UK or married your EEA national spouse.

It doesn't necessarily starts from the date on your RC stamp, which means may be able to send your application for PR before your RC expires.

You may want to provide the following to help find out if/when you've qualified for PR.

1. when did you get married and where?
2. when did you enter the UK?
3. when was your RC issued?

Hope this helps

[Garnet83]

Hi,

Thanks for your help.

1. After having obtained a COA for marriage we got married in January 2010
2. Arrived in the UK in 2008
3. RC issued 6th Sept. 2010

Could I already apply in this case and is the application straight forwards?

Thanks

[Garnet83]

I would like to add the following:

During the 5 yrs I've worked for a while (not the whole 5 yrs) and I'm working at the moment. We did however had to apply for housing benefit in order to help in rent payments. Most of the rent and bills we pay ourselves. We're renting privately and have 3 children.

My EEA sponsor has always worked full time in the UK since his arrival in 2008. Housing benefit and child benefit application are in his name.

Will the fact that my husband applied for housing benefit affect my PR application?

[Garnet83]

Hi got someone please advice?

I've been told by my employer they need proof of my residence as my EEA family permit is about to expire. If I don't bring proof I can't come to work they tell me!

I still have to send in the PR application form. That can still take months! What should I do? Can my employer contact HO?

I'm getting worried now.

Thanks

[bluecole2]

Normally these benefits shouldn't affect your application.

You have qualified for PR since January 2015. Provided your husband is a qualified person. Has your husband obtain PR yet?

I will advice you to send your application asap.

It doesn't matter if you didn't work, so long your EEA spouse continues to exercise treaty right which it seems he has done since 2008.

I hope other knowledgeable people here can confirm this.

Edit: you should recieve a COA that should allow you to continue to work pending application. However you may contact the HR department for your work to inform them of your rights as a family member of as EEA national and that you have automatically obtained a PR on completion of 5 year on RC which I believe they hold a copy and show them the ec directives 38 2004 (I think it is)

Better you do this in writing, as that's your cover if thinks doesn't work out smoothly.

[Garnet83]

Hi,

Thanks so much for your advice. Really helpful.

My husband is Dutch and has been working in the UK non-stop full time since 2008. He as a RC (blue little book) just to show that he is an EEA National exercising treaty rights, even though this was not a requirement.

He has not applied for the document certifying PR but is that necessary?

We will post my application asap (recorded special delivery) and I will inform my HR department in writing about my rights and the EC directive. They indeed hold a copy of my pp and RC.

[bluecole2]

Glad I to help.

Applying for PR isn't necessary, it only just help to ensure or confirm that he is a qualified person. Hence, you don't have to provide any P60 or statement of income other than the PR card when applying for your PR confirmation.

Since your husband has not obtained a PR card then you'll need to send proof that your sponsor has been exercising treaty right. eg. P60 or statement of income (2008- 2013) etc

Best wishes with your application. Please keep the forum updated on your progress.

[Garnet83]

Thank you.

My husband can provide all P60's since 2008. The form also asks for bank statements as proof How many should we send? Can my husband just send his last 2 bank statements or do they need at least 1 statement per year from 2008?

Do I have to provide bank statements as well as I'm working part time since 2013?

Please advice.

I will keep this forum updated about the outcome!

[bluecole2]

Wage slips and/or bank statements showing receipt of wages (this must cover each job you have/your sponsor has held during the relevant qualifying perio

d)

This was what I found from the PR guide note under Section 9: 'Relevant eea national's activity in the uk'
https://www.gov.uk/government/uploads/s ... nts_v1.pdf

So my understanding is you submit either pay slips or bank statement showing income or both from 2008- 2013. I guess you may submit 3-4 for each year.

[maniek1985]

Hello everyone... Im waiting for application now to come back. Been exercising treaty with my polish partner for 5 yrs. I submitted my application first week of May then i received a letter for biometric application. Since May was exam month, i wasnt able to process the biometric around May 27th. Got a letter dated June 3, that they received my application. August is already finishing, and still i dont have it.

When i applied for Residence Card, it took me 6 mos to wait for my passport to come back. I was hoping HO's services improved already.

I heard stories about in month's time, it came back. My friend, Spanish National, applied a month later befofe me and he got his passport back with his PR within a month and he dont need biometric for that.

If all applications are treated equally, then why those people who submitted first has to wait longer? I know it's case to case basis but im mine is 100% straight forward.

[Garnet83]

Hello,

I agree maniek. Why don't HO treat all cases equally? My case is 100% straight forward. We got married in Jan 2010 and I applied for a RC right away. I only got my RC in Aug 2010...8 months without a passport including my husband's!

With regards to my PR application and work. I got some news.

HR of my work told me that in their HO handbook employer's guide to right to work checks (16 May 2014) it states the following:

Changes to document checks in May 2014 (for all UK employers)
- HO ''has specified that all documents which contain an expiry date must now be current. Except those showing that the holder is a British citizen...EEA national or their family members with permanent residence''.
- ''There is an extension of the statutory excuse for a maximum of 28 days beyond the expiry date of permission to work'' while a PR application is pending and my employer receives proof of this.

I've been given 28 days from my employer to hand in proof from HO that my PR application is being considered. After handing in proof, my employer can delay with another 6 months until I can bring my PR card as proof.

Again me and husband are without passports. I hope not for a lot of months.

Why is HO on one side saying that, yes non-EEA family members after 5 yrs of residence have automatically PR and by law are allowed to work, and on the other side forcing employers to ask a non-EEA employee for proof when their RC is expired or else they risk a big fine?

After all, HO is not telling me by law that I have to apply for PR . It's if I wish to do so. And I know because I called them myself and they confirmed this to me!