Post- S Singh applications for PR

[geeser]

I have a question concerning the process to obtain PR. Having gone through the Surinder Singh route almost five years ago, I will be making this application in a couple of months' time.

Questions I have are: How detailed does the application need to be? Is it a must to present evidence (proof of work or studies or self-employment) for every single year? Who needs to prove they were habitually resident in the UK, the British national or the non-EEA national? Or both?

Five years ago I had an awful time waiting for the Home Office's reply (took 6 months). It was impossible to find work, and of course no benefits. Any chance it won't be as bad this time?

Finally, can someone recommend a legal practice or an information centre that could help specifically with post- S Singh applications for PR?

Me and my partner have been in a civil partnership for more than 10 years now, and due to moving countries a couple of times (within the EU), my UK residence status is still precarious. I would very much like to see the back of this situation.

Your help is much appreciated.

[noajthan]

I have a question concerning the process to obtain PR. Having gone through the Surinder Singh route almost five years ago, I will be making this application in a couple of months' time.

Questions I have are: How detailed does the application need to be? Is it a must to present evidence (proof of work or studies or self-employment) for every single year? Who needs to prove they were habitually resident in the UK, the British national or the non-EEA national? Or both?

Five years ago I had an awful time waiting for the Home Office's reply (took 6 months). It was impossible to find work, and of course no benefits. Any chance it won't be as bad this time?

Finally, can someone recommend a legal practice or an information centre that could help specifically with post- S Singh applications for PR?

Me and my partner have been in a civil partnership for more than 10 years now, and due to moving countries a couple of times (within the EU), my UK residence status is still precarious. I would very much like to see the back of this situation.

Your help is much appreciated.

You don't apply for PR. That happy state is acquired automatically (if requirements are met). One applies for confirmation of status.

Very detailed.
Rock solid evidence required of 5 years residence/activity in UK.
Obviously BC sponsor didn't have to be exercising treaty rights in UK.

Both parties have to prove residence in UK and that any absences were within prescribed limits.

Processing time: maybe 4 or 6 months or more.
Obviously any right to work (from sponsor) is not impacted - after all you have now acquired PR.

No recommendations here.

You sound like the very embodiment of free movement ideals and principles.
Good luck.

[geeser]

I was afraid you'd say that. Indeed, we have lived abroad for 2 out of the 5 years (for studies). So if I am not entitled to PR, what should my next step be? Can I reapply for a 5-year EEA family permit, based on that first time we lived in Europe? The second time, BC's life centre was UK.

Thanks for the reply, straight to the point.

[noajthan]

I was afraid you'd say that. Indeed, we have lived abroad for 2 out of the 5 years (for studies). So if I am not entitled to PR, what should my next step be? Can I reapply for a 5-year EEA family permit, based on that first time we lived in Europe? The second time, BC's life centre was UK.

Thanks for the reply, straight to the point.

We don't mollycoddle and wrap in cotton wool here. And HO certainly don't - so think of the forum as a dry-run but with training wheels on.

If you have lived outside UK for more than 6 months except for possible exceptional one-off reason such as pregnancy (also military service), study leave (up to 12 months) then continuity of residence will have been broken and PR clock stopped.

It is a grey area as to whether your BC sponsor's proxy EEA nationality status and ability to sponsor you based on having undertaken SS is also broken.
I suspect it will have been broken as a BC can't sponsor anyone on EU route once in UK (unless they qualify under SS rules).

So how did you get back in the country after studying abroad (you ask). No idea. Maybe a glitch or maybe you are a visafree national.

Suggest apply for RC asap (not 'permit').
With Brexit looming you need all the EU-related documentation you can get. And by applying for a RC you will determine whether you still have a right to reside, (work etc) in UK based on SS from back in the day.

As for any RC application based on SS (even if first time, even if there was no subsequent absence) you will have to submit rock-solid documentary supporting evidence of the SS sojourn in EU memberstate.
Good luck.

[ohara]

Can I reapply for a 5-year EEA family permit,

There is no such thing.

[geeser]

What I meant was the 5-year Residence Card, which is what I currently have. It might not be called a "5-year EEA family permit," but that seems to be what it effectively is?

Anyway, from the above (noajthan's reply) I understand I should do that, reapply for the Residence Card ASAP, even though I still hold a valid one (expires in Sept 2017).

It all sounds awfully odd to me. So many possible reasons for refusal. Is this a matter of "why not try while it's still cheap?" Or is it understandable that one might reapply for a residence card due to having lived abroad?

Thanks again.

[ohara]

The RC only serves to confirm your status at the time you apply for it. It doesn't grant or confer any rights and it is not a visa, therefore while the card itself is valid for 5 years, it does not necessarily reflect your actual status.

When it comes to applying for a PR card or DCPR, HO will not care about the date any previous RC was issued (except in the case of extended family members, where their PR clock only starts ticking when they obtain an RC; for EEA nationals and direct family members it is optional).

[noajthan]

What I meant was the 5-year Residence Card, which is what I currently have. It might not be called a "5-year EEA family permit," but that seems to be what it effectively is?

Anyway, from the above (noajthan's reply) I understand I should do that, reapply for the Residence Card ASAP, even though I still hold a valid one (expires in Sept 2017).

It all sounds awfully odd to me. So many possible reasons for refusal. Is this a matter of "why not try while it's still cheap?" Or is it understandable that one might reapply for a residence card due to having lived abroad?

Thanks again.

A RC is not a visa - it does not last until expiry date. It lasts as long as qualifying conditions remain (and/or until an immigration officer or ECO revokes it).

The problem is you may have no right to remain in UK if you have spent over 6 months/1 year away.
A regular EEA dependent would ofcourse be fine because, on return, their sponsor could simply resume exercising treaty rights.

But as your sponsor is BC the rights derived from SS adventure may have terminated due to intervening 2 years away. Not sure.

It also depends on your timeline.
You mention 10 years so somewhere in there may be a 5 year continuous period.
If you think you have acquired PR then apply for confirmation and find out that way.