Difference between EEA(PR) and EEA (QP)

[hoorican hill]

Hi All,

I am super confused as to what application I need to use, and for that matter actually I am not sure what I want and actually can apply for?

I am a EEA national. I came to the UK in 2003 and stayed in until 2010 when we left for a while and we returned in 2012 and we are here since.
The break was not full two years. Anyway.
When here I always worked and all that.

I want to kindly ask if someone could clarify what is the difference in the two forms as:

1. the PR gives you the document certifying permanent residence
2. the QP gives registration certificate confirming my right to residence

so, what is the difference between the two results?

Can I apply for both, if so which is for me?

I am puzzled.

Also I was issued a green residence permit for a national of a member state of the EEC in 2005, this was valid until 2010, I never went on to actually renew it as I was told that this was actually not necessary at all in the first place.

Also, whether one of the other, I will really struggle to prove my absences from the UK before 2010. I do have all my P60, 45, WRS cards and all bills and statements, but have not all the boarding passes and I really cannot 100% and honestly remember all.
And as I have the almost 2 year break resseting my clock in 2012 anyway, must I bother even proving any absences before 2010?
Can I just state that I arrived 2003 left 2010, came back 2012 and since I can prove all my travels. And that my qualifying period is actually from 2012 to 2017?


Great Many Thanks,

[kamoe]

I want to kindly ask if someone could clarify what is the difference in the two forms as:

1. the PR gives you the document certifying permanent residence
2. the QP gives registration certificate confirming my right to residence

so, what is the difference between the two results?

PR Is proof of your right to stay in the UK indefinitely, AND is a precondition for obtaining British Citizenship. It is available to any EEA national having spent more than 5 years of qualifying continuous residence (exercising their treaty rights) in the UK.

QP Is proof that your are currently exercising treaty rights in the UK. It is available to any EEA national currently in a qualifying continuous residence (exercising their treaty rights) irrespective of how long they have been here. It is not necessary, but practical, if you ever need to prove your situation (Needless to say, once the UK is out of the EU this will likely be no longer available). People usually get QP before they get PR.

Can I apply for both, if so which is for me?

If you are currently exercising treaty rights AND you have done it for a continuous period of 5 years, then you can apply for both (but this is probably silly). If you just need proof of your exercising treaty rights, you only need to apply for QP. If you intend to stay in the UK permanently, considering the current political climate then it is a good idea to apply for PR.

Also, whether one of the other, I will really struggle to prove my absences from the UK before 2010.

I do have all my P60, 45, WRS cards and all bills and statements, but have not all the boarding passes and I really cannot 100% and honestly remember all.

You no longer need to prove all your absences from the UK using the new online form for PR.

And as I have the almost 2 year break resseting my clock in 2012 anyway, must I bother even proving any absences before 2010?

2017-2012 = 5 years, so you are good even if you do not count pre-2012. Be sure to apply in the month when the 5 years are actually complete.

Can I just state that I arrived 2003 left 2010, came back 2012 and since I can prove all my travels. And that my qualifying period is actually from 2012 to 2017?

Yes.

[hoorican hill]

Hi Kamoe

Thank you so much for your reply.

Following your explanation I am after the PR then.

May I have another question?

Can I apply online for the PR for myself, my wife and our son together? I am the only one working, my wife stays at home with the kids for now. We are doing well just like this.
Am I effectively her's and our son's sponsor? I would like to apply for us all at once.
And yes, thanks, I am waiting until the 5 years ring later this year...

Also worth mentioning that we have another child, but she is actually british. Do I need to mention her in the application? I guess not but It is kind of weird.

Boy was born in 2011 whilst we were outside UK, and girl was born here in the UK.

Once again, big thanks...

[kamoe]

Can I apply online for the PR for myself, my wife and our son together?

What type of visa do they have now, and how long have they had it?

If they have completed 5 years in the UK and they have had a EEA visa throughout those 5 years, then yes, you can apply as a family unit in the same online, or paper, application for PR.

If they are currently in the UK under another type of visa, or if they have been in the UK with the EEA visa for less than 5 years, then no, you can only apply for yourself. They will be able to apply for PR under the EEA route when they complete the 5 years with their own EEA visa. Or, they can apply via other categories if that's most suitable for their individual case. (For example, my partner can apply for PR under EEA this year, but I will only be able to apply for PR under the EEA route in 2021 as I have only had a EEA RC for one year. However, I have been in the UK since 2009 in a combination of different student and work visas, and could apply for ILR under the 10-year route in 2019 -so that's faster).

Am I effectively her's and our son's sponsor?

If they apply as EEA FM on the basis of their relationship to you, then yes, you are their sponsor.

Also worth mentioning that we have another child, but she is actually british. Do I need to mention her in the application?

Probably not necessary, but doesn't hurt to mention to give the full picture. There is a space at the end of the application and you can mention it there.

[MrSlyFox]

Can I apply online for the PR for myself, my wife and our son together?

What type of visa do they have now, and how long have they had it?

If they have completed 5 years in the UK and they have had a EEA visa throughout those 5 years, then yes, you can apply as a family unit in the same online, or paper, application for PR.

If they are currently in the UK under another type of visa, or if they have been in the UK with the EEA visa for less than 5 years, then no, you can only apply for yourself. They will be able to apply for PR under the EEA route when they complete the 5 years with their own EEA visa.

There is no EEA visa, If you are referring to the residence card it is not a requirement for direct family members to hold an residence card. A Residence card only confirms their rights. So long as they are the direct family members of a qualified EEA national living in the UK they don't require a Visa as they have an enforceable EEA treaty right. (Only extended family members require to hold vaild documation for the whole peroid.)

You don’t need to apply for a residence card as a family member
Family members of EEA citizens
You can apply as a direct family member if you’re related to the EEA national as:

their spouse or civil partner
their (or their spouse or civil partner’s) child or grandchild who is under 21 or a dependant
their (or their spouse or civil partner’s) dependent parent or grandparent

- https://www.gov.uk/apply-for-a-uk-residence-card

Can I apply online for the PR for myself, my wife and our son together? I am the only one working, my wife stays at home with the kids for now. We are doing well just like this.
Am I effectively her's and our son's sponsor? I would like to apply for us all at once.
And yes, thanks, I am waiting until the 5 years ring later this year...

Yes, you may sponsor your direct family members.

[hoorican hill]

Hi

They are the same as me in everything and we have been here together the same times... appart that my wife is not working, she is full time with the kids, and I am... so all our clocks will hit 5 years at the same time, and we are all the same nationality and all.

I would do it in one application preferably and online. Not sure how the process will be, lets see, so I might come back here for some more valuable advice later.

Such as that my wife is not working, technically not excercising the treaty rights, but she is still a family and is caring for the kids.

You guys have been a great help I really apreciate it.

[kamoe]

There is no EEA visa, If you are referring to the residence card it is not a requirement for direct family members to hold an residence card. A Residence card only confirms their rights. So long as they are the direct family members of a qualified EEA national living in the UK they don't require a Visa as they have an enforceable EEA treaty right. (Only extended family members require to hold vaild documation for the whole peroid.)

Oh absolutely. That's what I meant, their residence as family members should account for 5 years. (Not sure why I assumed the family was not EEA, and yes, if they are FM -not EFM- they don't need the RC). Sorry for the confusion.

[kamoe]

They are the same as me in everything and we have been here together the same times... appart that my wife is not working, she is full time with the kids, and I am... so all our clocks will hit 5 years at the same time, and we are all the same nationality and all.

Yes, in this case you are all good to go in one application. Good luck.

[hoorican hill]

Hi Guys, Awesome. Great forum!!! Thanks

[KatieWills]

Also worth mentioning that we have another child, but she is actually british. Do I need to mention her in the application? I guess not but It is kind of weird.

Boy was born in 2011 whilst we were outside UK, and girl was born here in the UK.

Are you sure your daughter is British? As I understand it you would need to have been settled (PR) before she was born for her to be automatically British.

I believe you can register her as British once you obtain PR.

https://www.gov.uk/register-british-cit ... after-1983

[hoorican hill]

Hi. Yes she is. She has a long birth certificate and passport.

No, seriously, she was born here and we applied for her citizenship straight away, and it was granted to her, mind you we have been living here since 2003. For eea people, the rules are to be here exercising treaty rights continuously for 5 years at any time before the childs birth. This was before they introduced the Residency cards and certificates and all this in 2015.

I never really thought to apply for anything as all this just prooves a right we already have. I decided to clear this up because of the brexit and also because some people I know had difficulties with children's british passports renewals.


We left inbetween what complicates it for me, my wife and our second kid, and thats why I was asking the original quwstion on this forum.

[hoorican hill]

Sorry for incomplete info. It is called Citizenship by Birth. And before 2015 I think you submitted the application with all the paperwork to check your settlement rights and permanent residency.

If we were to have a child today it would be much different... hence i want to have it straightened out just in case.

[KatieWills]

Gotcha, I had thought your daughter was born when you returned to UK not before you left.

[hoorican hill]

No worries. We have it complicated, and with the brexit looming, i must straighten it out...