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EU Permanent Residence McCarthy 2012 Transitional Provisions

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

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Szmek
Junior Member
Posts: 69
Joined: Tue Jun 28, 2011 11:34 am
Location: Warsaw, Poland

EU Permanent Residence McCarthy 2012 Transitional Provisions

Post by Szmek » Mon Aug 21, 2017 11:50 am

Hi everyone, wondering if I may get some advice from you as I have had excellent support from this forum before and now is the time to apply for my wife's Permanent Residence.

Let me ask the question, and then set the background.

Do transitional provisions under McCarthy apply for PR applications, as they did for Residence Cards and Family Permits?

Wife is Non-EU, I am dual national (EU and British - since childhood).
Lived in the EU, married wife in EU and came back to live in UK.
Family Permit was issued in EU on 26th June 2012.
Entered the UK on 6th July 2012.
Applied for Residence Card - Certificate of Application 19th September 2012 (letter dated 15th October 2012), Residence Card issued 13th February 2013 (valid for 5 years until 12th February 2018)

The 5 years of residence have passed upon entry into the UK (6th July 2017). Under Regulations 2006 she meets the criteria of being the family member of an EU national exercising treating rights in the UK (I have been working in the UK fulltime, non-stop throughout the 5 years). I am hoping that for the purposes of the Permanent Residence, the transitional provisions continue to apply as our application for a Residence Card fell within the deadline of 16th October 2012 - and therefore I can still be considered an EU national for the purposes of Regulations 2006 (rather than being excluded for also being a British National)

We are planning an imminent application with all the relevant supporting documents (pay-slips, council tax, marriage certificate etc.) and most importantly a covering letter to make sure that the immigration officer is aware of the transitional arrangements (recently had a hick-up at the airport as the officer needed help because he didn't know what a EU Residence Card was - but thats a different story!)

Any thoughts from anyone out there? Gurus and expert opinions will be most appreciated. Many thanks in advance.

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: EU Permanent Residence McCarthy 2012 Transitional Provis

Post by Richard W » Mon Aug 21, 2017 7:01 pm

Szmek wrote:Hi everyone, wondering if I may get some advice from you as I have had excellent support from this forum before and now is the time to apply for my wife's Permanent Residence.

Let me ask the question, and then set the background.

Do transitional provisions under McCarthy apply for PR applications, as they did for Residence Cards and Family Permits?
Yes, as you still count as an EEA national with regard to her.

Szmek
Junior Member
Posts: 69
Joined: Tue Jun 28, 2011 11:34 am
Location: Warsaw, Poland

Re: EU Permanent Residence McCarthy 2012 Transitional Provis

Post by Szmek » Mon Aug 21, 2017 7:47 pm

Thanks for the quick response. This forum provides fantastic guidance and re-assurance. Will keep you posted on the outcomes of the application.

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