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Applying for EEA PR after EEA RC expires

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

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

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marcusp
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Applying for EEA PR after EEA RC expires

Post by marcusp » Thu Mar 03, 2016 1:00 pm

Hi, I would like to now if anyone has any comments regarding to this point.

Will it be an issue if I apply for my EEA PR after my 5 years resident card Expires?

Note: I am unmarried to my EEA sponsor, therefore the automatic PR status after 5 year does not Apply, hence the question.

marcusp
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Applying for Long Term 10 years ILR if EEA PR unsuccesful

Post by marcusp » Thu Mar 03, 2016 1:05 pm

Hi,

I would like to know if is possible to apply for ILR under the long term category in case that my EEA PR is not successful. At the moment I hold at EEA RC.

Thanks.

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Re: Applying for Long Term 10 years ILR if EEA PR unsuccesfu

Post by secret.simon » Thu Mar 03, 2016 1:16 pm

I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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EEA PR Application Public Funds (State Benefits) Section 16

Post by marcusp » Thu Mar 03, 2016 1:19 pm

Hi,

I am completing my application for EEA PR and I have arrived to Section 16 Public Funds (State Benefits).

My EEA sponsor has acquired PR 5 years ago (a couple of months before I obtained my EEA RC).

Do I need to complete this section at all or will there be prejudice if I leave it in blank?

Thanks.

marcusp
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Re: Applying for Long Term 10 years ILR if EEA PR unsuccesfu

Post by marcusp » Thu Mar 03, 2016 1:32 pm

Thanks, for pointing that out, it seems that no one has replied fully to this question yet.

Specially as the poster mentions it:
saira1983 wrote:@Settled Status Even on the form SET (LR) version 11/2015, there is a section (D14 on page 14) for details of time spent as a family member of EEA national.
Please let me know your advice.
This is in essence the reason for this question. The mix and match EEA and National immigration Laws) is it possible now or not? (Else why would they have included this question in the latest application form)

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Re: Applying for Long Term 10 years ILR if EEA PR unsuccesfu

Post by CR001 » Thu Mar 03, 2016 1:41 pm

Yes, it is possible and you will have to submit ALL the EU spouse evidence of exercising treaty rights.
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marcusp
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Re: Applying for Long Term 10 years ILR if EEA PR unsuccesfu

Post by marcusp » Thu Mar 03, 2016 1:48 pm

Thank you for your reply.

In my case my EEA sponsor has already acquired PR (in 2011).

Do I still need to provide all the P60s and payslips that lead to the PR (of my EEA sponsor), OR will it be sufficient to submit the PR of my EEA sponsor?

Thanks.

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Re: EEA PR Application Public Funds (State Benefits) Section

Post by Obie » Thu Mar 03, 2016 7:25 pm

Unless the Application is under Surinder Singh, you are required by the terms of the application to fill that section.
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Re: EEA PR Application Public Funds (State Benefits) Section

Post by marcusp » Fri Mar 04, 2016 1:34 pm

Thank you for your reply,

The reason I asked is because in the form the HO is requesting all the state benefits history. From the moment we arrived (that is 14 years of history), that we simply do not have.

My EEA sponsor does not have any gaps in employment.

We have been adamant in filing all Utilities bills, Contracts and payslips, (which were sufficient to obtain my EEA RC 5 years ago), but we never though that we will be required to provide a full benefits history.

I managed to find some letter from the past 13 months from Child, Housing benefits and Working tax credits.

I have never claimed any benefits on my own, my details were included by my EEA sponsor in some benefit applications that required information on the whole household such as Working Tax Credits, Housing benefit and Child benefit, all being paid into my sponsors account.

Is there a place where I can request copies of all our benefits history? Or will it be enough to provide them with the letters I got from the past 13 months?

Thanks.

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Re: Applying for EEA PR after EEA RC expires

Post by marcusp » Sat Mar 05, 2016 5:55 pm

My EEA RC is expiring very soon (5 years completed) but want to avoid the Home Office from arguing later that I should have applied before it expires as I am unmarried.

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Re: Applying for Long Term 10 years ILR if EEA PR unsuccesfu

Post by vinny » Sat Mar 05, 2016 7:02 pm

marcusp wrote:Hi,

I would like to know if is possible to apply for ILR under the long term category in case that my EEA PR is not successful. At the moment I hold at EEA RC.

Thanks.
If your EEA PR fails, then you failed to show that you were legally residing in the UK continuously during the period while you were subject to the EEA regulations. Therefore, the SET(LR) may also fail.
marcusp wrote:My EEA RC is expiring very soon (5 years completed) but want to avoid the Home Office from arguing later that I should have applied before it expires as I am unmarried.
To avoid the Home Office from arguing later that you should have applied before it expires, you should apply before it expires.
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Re: Applying for EEA PR after EEA RC expires

Post by marcusp » Tue Mar 08, 2016 1:01 pm

Thanks for you reply,

The part of the ILR failing if PR fails makes sense.

I am trying to complete my PR application before my RC expires, (The "should have" is implied and thus not required or constructive...), looking for objective experiences or comments regarding this point. ie. first hand or second hand experience with cases where the applicant have a successfully obtained PR with an expired RC, OR references to standing legal articles/precedences where an expired RC will not be a reason for refusal of a PR application. (in Particular for people in an unmarried relationship).

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