ILR/PR application sponsor

[mzotti]

Greetings.

Does the ILR or PR application require the same named sponsor during the initial residency application (EEA family member)?

Example: I am an Italian national, 5 years ago I obtained a family member of a EEA national residency card for my daughter (she was 10 yrs old and I haven't register her as an Italian national yet, she has a Brazilian passport). I was her sponsor for this application.

Now it is time for her PR application, She continues to live with us. I have applied for a PR card for myself in 2016 (which was issued to me) but since then I haven't been working much. I am now married to a British national who is a Company Director and our main source of income. Can I submit my daughter application for Permanent Residency using my husband as a sponsor?

Facts to consider: We got married overseas before he became a British citizen and the marriage isn't registered/legalised in the UK yet. If it even needs to be, I don't know. We have the original certificate along with an English translation, that's all.

[Richard W]

Your daughter may have different sponsors for different parts of her 5 years residing in accordance with the EEA regulations. However:

1) If your husband does not have the nationality of an EEA country, he cannot sponsor her under the EEA regulations unless the Surinder Singh provisions apply.
2) Once you became a permanent resident, it no longer mattered whether you worked.

I therefore believe that the simplest approach is to sponsor her yourself in your two capacities:
(a) As a 'qualified person' (I presume as a worker) up to the time you qualified for permanent residence.
(b) As a permanent resident thereafter.

English law has no mechanism for registering overseas marriages, and I expect that this is also true for the laws of Scotland and of Northern Ireland. What England has is a scheme for safeguarding foreign marriage certificates. The scheme at best says that they were not obviously invalid.

[mzotti]

Thanks Richard, this information will help us a lot!

Cheers

[mzotti]

(b) As a permanent resident thereafter.

Thank Richard, Just a last question on the above. In order to sponsor her myself for the period after I became permanent resident, it implies that I need to be working as a qualified person regardless of having Permanent residence, is that correct?

I just got little confused with: "Once you became a permanent resident, it no longer mattered whether you worked."

Thanks

[Richard W]

(b) As a permanent resident thereafter.

Thank Richard, Just a last question on the above. In order to sponsor her myself for the period after I became permanent resident, it implies that I need to be working as a qualified person regardless of having Permanent residence, is that correct?

No. Once you are a permanent resident, you do not need to be a 'qualified person'.

[mzotti]

No. Once you are a permanent resident, you do not need to be a 'qualified person'.

That's wonderful news! I was about to give up on this and apply for her Italian citizenship instead.

I will just submit her PR application right away then. As part of the application I will simply submit evidences that I was working up to the time I qualified for permanent residence which is pretty much the same evidences I used to apply for my own PR.

It is loads of paperwork though, never thought I would have to use them again. And then, for the period after I became Permanent Resident, I can simply say that I haven't been working but staying at home looking after the kids and that shouldn't matter because I was issued with a Permanent Residence card in 2015 (If I understood you correctly).

[mzotti]

Good morning,

It is time for me to apply for a Permanent Residence card for my 15 years old daughter (I am the sponsor, an Italian national and also a Permanent Residence card holder since 2015).

She has been living with me for about 5 years now and was issued with a residence card since her arrival in the UK, I have never applied for her Italian citizenship, yet.

The questions I have:

1. Is there any grace period for the Permanent Residence card application? The reason of that is because it came as a total surprise the fact that her brazilian passport (which contains the residence visa) has been expired and her father lives in New Zealand. In order to renew her passport, a certified authorization document is required from her father side, which will take a couple of weeks to be ready, and only then renew her passport. Her residence card expires on the 24th of February 2018 (just a couple of weeks from now).
2. Is a valid passport strictly required for her Permanent residence application at all? She is only 15 years old and as far as I am aware the residence card now comes as a biometric card format and no longer a stamp on the passport.

Thanks for your time and dedication on answering my questions.

Marly

[mzotti]

And a last question:

If I submit the application without including a valid passport but only the expired one, would the Home Office refuse the application and automatically request my daughter to leave the UK? Even if I include a covering letter explaining the situation?

[mzotti]

!	Message from: mzotti

(b) As a permanent resident thereafter.

Thank Richard, Just a last question on the above. In order to sponsor her myself for the period after I became permanent resident, it implies that I need to be working as a qualified person regardless of having Permanent residence, is that correct?

No. Once you are a permanent resident, you do not need to be a 'qualified person'.

Richard, It just came as a surprise the fact that my daughter's passport is expired and the new passport will not be ready before her residence visa expires. Are you aware of any grace period that the Home Office could consider? Or can I just send the application with only the expired passport? Is it correct to say that they wont need a new passport since the residence card will come in the format of a biometric card and no longer as a stamp on the passport?

Thanks

[Richard W]

Richard, It just came as a surprise the fact that my daughter's passport is expired and the new passport will not be ready before her residence visa expires. Are you aware of any grace period that the Home Office could consider? Or can I just send the application with only the expired passport? Is it correct to say that they wont need a new passport since the residence card will come in the format of a biometric card and no longer as a stamp on the passport?

The right of residence does not depend on possession of a valid passport. However, the rights of admission and confirmatory documentation do depend on possession of a valid passport.