EEA PR - Apply now or wait to include non-EEA spouse?

[CharlotteCorday]

Hello all!

I would really appreciate some input to decide what could be the best thing to do.

My husband (EEA National) had been thinking of applying for the document certifying PR, and now after "Brexit" (even though everything is still uncertain) seems to be a sensible thing to do. The questions we have are these:

1- Should he apply straight away, or should we wait until September next year, when I make 5 years of continued residence in the UK, so he can include me (non-EEA national) in the application?

2- Which period to choose for the application? Timeline: He first came in October 2006, he was employed for 8 months, went back to his country for 5 months, returned to the UK in November 2007. No long absenses or periods without work (the odd month while looking for a new job) since then.

When he arrived October 2006, he was registered in the WRS straight away (A8 national). He has the WRS Registration Card, a WRS certificate stating the name of his first employer from 2006; and another WRS certificate stating the name of the company where he worked from July 2008 until February 2015 (he changed jobs and has been working for another firm since then). But in between those 2 there were several other jobs/employers. He has payslips, P60s, P45s, but he doesn't have any certificates because he says he was not required to get them.

So, should he present evidence for 2006 - present, November 2007 - 2012, or from July 2008-2013, when he started with the second employer with WRS certificate?

3- In my case, we got married in July 2012 and I entered the UK with a FP on the 31st of August 2012. Received my RC in February 2013. But here's the thing: The RC I received states "Permanent Residence Card - No restrictions on the holder's activity in the UK". No mention of being the spouse of an EEA national; still, is valid for 5 years only, instead of 10.

So I don't know if I should just wait until is time to renew my residence card and do it on my own, or be included in my husband's application as a way of having it renewed. (And it may help to make clear he had acquired PR by 2012, otherwise how could I be granted that card? )

Thank you! I hope I managed to be clear and concise

[noajthan]

Hello all!

I would really appreciate some input to decide what could be the best thing to do.

My husband (EEA National) had been thinking of applying for the document certifying PR, and now after "Brexit" (even though everything is still uncertain) seems to be a sensible thing to do. The questions we have are these:

1- Should he apply straight away, or should we wait until September next year, when I make 5 years of continued residence in the UK, so he can include me (non-EEA national) in the application?

2- Which period to choose for the application? Timeline: He first came in October 2006, he was employed for 8 months, went back to his country for 5 months, returned to the UK in November 2007. No long absenses or periods without work (the odd month while looking for a new job) since then.

When he arrived October 2006, he was registered in the WRS straight away (A8 national). He has the WRS Registration Card, a WRS certificate stating the name of his first employer from 2006; and another WRS certificate stating the name of the company where he worked from July 2008 until February 2015 (he changed jobs and has been working for another firm since then). But in between those 2 there were several other jobs/employers. He has payslips, P60s, P45s, but he doesn't have any certificates because he says he was not required to get them.

So, should he present evidence for 2006 - present, November 2007 - 2012, or from July 2008-2013, when he started with the second employer with WRS certificate?

3- In my case, we got married in July 2012 and I entered the UK with a FP on the 31st of August 2012. Received my RC in February 2013. But here's the thing: The RC I received states "Permanent Residence Card - No restrictions on the holder's activity in the UK". No mention of being the spouse of an EEA national; still, is valid for 5 years only, instead of 10.

So I don't know if I should just wait until is time to renew my residence card and do it on my own, or be included in my husband's application as a way of having it renewed. (And it may help to make clear he had acquired PR by 2012, otherwise how could I be granted that card? )

Thank you! I hope I managed to be clear and concise

1) Either is possible. Your choice, it may depend how nervous you are about Brexit.
It maybe prudent to get hubby's DCPR in the bag asap.

2) Sounds like hubby started exercising treaty rights from 2006. He may have acquired PR as early as 2011.
5 months absence would not interrupt his continuity of residence in UK.

If hubby had an initial 12 months of WRS registration (diligently re-registering if he changed employers in that first year) then all good on WRS front.

3) Yes, if all goes smoothly (and you remain married to each other) you should acquire the holy grail of PR by end of August/September 2017.

Your possession of a RC did not depend on hubby having PR and does not prove it.
Just exercising treaty rights at the time was good enough for you to get your RC; (although he may have acquired PR by 2011).

As to timing for your confirmation, see #1

[CharlotteCorday]

Thanks noajthan for your reply.

The main issue could be WRS, because he didn't re-register (or at least he doesn't have any evidence of doing so) when changing jobs during the first year. When he came back on 2007, he worked on different places, and has proper payslips and P60s-P45s; he was paying taxes and NI for all of those jobs, but he didn't get another registration certificate until July 2008. But he stayed with that last employer long enough, so I guess we should just present the documents he has and let HO make the calculation.

Regarding my RC, I've been always intrigued about why it states "Permanent Residence", when it was the first RC granted to me. (And sometimes I am asked "how did you get this?" by the border officers when I'm coming back from abroad )

Anyway, thanks again for the insight!

[buktais]

The main issue could be WRS, because he didn't re-register (or at least he doesn't have any evidence of doing so) when changing jobs during the first year.

yes it is an issue, my friend had hers refused recently for not re-registering with HO

[noajthan]

Thanks noajthan for your reply.

The main issue could be WRS, because he didn't re-register (or at least he doesn't have any evidence of doing so) when changing jobs during the first year. When he came back on 2007, he worked on different places, and has proper payslips and P60s-P45s; he was paying taxes and NI for all of those jobs, but he didn't get another registration certificate until July 2008. But he stayed with that last employer long enough, so I guess we should just present the documents he has and let HO make the calculation.

Regarding my RC, I've been always intrigued about why it states "Permanent Residence", when it was the first RC granted to me. (And sometimes I am asked "how did you get this?" by the border officers when I'm coming back from abroad )

Anyway, thanks again for the insight!

If not reregistered after a job change during the first 12 months then that will have stopped the PR clock until April/May 2011 (when WRS was terminated).

It sounds like you may have been issued a confirmation of PR card already (and in error).
A SAR fom UKVI may help clarify what the HO has on record about you.

[CharlotteCorday]

It sounds like you may have been issued a confirmation of PR card already (and in error).
A SAR fom UKVI may help clarify what the HO has on record about you.

Thanks for the suggestion!

[secret.simon]

I am aware that it is off-topic, but I compliment the OP on a fascinating choice of username. I am not aware of his/her background, but I am very intrigued at the choice. Bonne chance.