- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member wrote:3. (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred
secret.simon wrote: ↑Mon Feb 11, 2019 10:39 pmIf the time spent by you as the family member of an EEA citizen and as an EEA citizen is more than five continuous years, then you get settled status. Else you get pre-settled status.
You cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.
Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member wrote:3. (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred
As I read Schedule 6 Regulation 8 of the EEA Regulations, the OP's status as an EEA national can be backdated indefinitely for the purposes of the EEA Regulations to cover periods of lawful residence in the UK. If the OP then qualifies for permanent residence, a DCPR would qualify the OP for settled status.secret.simon wrote: ↑Mon Feb 11, 2019 10:39 pmYou cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.
Richard W wrote: ↑Tue Feb 12, 2019 8:58 pmAs I read Schedule 6 Regulation 8 of the EEA Regulations, the OP's status as an EEA national can be backdated indefinitely for the purposes of the EEA Regulations to cover periods of lawful residence in the UK. If the OP then qualifies for permanent residence, a DCPR would qualify the OP for settled status.secret.simon wrote: ↑Mon Feb 11, 2019 10:39 pmYou cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.
That is an excessively wide reading of the relevant Regulation.Richard W wrote: ↑Tue Feb 12, 2019 8:58 pmAs I read Schedule 6 Regulation 8 of the EEA Regulations, the OP's status as an EEA national can be backdated indefinitely for the purposes of the EEA Regulations to cover periods of lawful residence in the UK. If the OP then qualifies for permanent residence, a DCPR would qualify the OP for settled status.
It is fairly obvious that the relevant Regulation provides for cases where the applicant was a citizen of a country that subsequently joined the EEA. "had P’s State of origin been an EEA State at that time" suggests that P's State of origin subsequently became an EEA State. It provided for their time in the UK prior to their country joining the EEA to also be factored into the PR journey. It would thus have applied to, say, Romanians or Bulgarians who were in the UK before 2007.Periods of residence prior to the coming into force of these Regulations
8.—(1) Any period of time during which an EEA national (“P”) resided in the United Kingdom in accordance with the conditions listed in sub-paragraphs (2) or (3) is to be taken into account for the purpose of calculating periods of residence in the United Kingdom in accordance with these Regulations.
...
(3) The condition in this paragraph is that P resided in the United Kingdom in circumstances where—
(a) P was a national of a State which at that time was not an EEA State;
(b) P had leave to enter or remain in the United Kingdom under the 1971 Act for the duration of P’s residence; and
(c) P would have been residing in the United Kingdom in accordance with these Regulations, had P’s State of origin been an EEA State at that time, and had these Regulations been in force.
Presumably here you are referring to your EEA citizen wife. How long has she resided in the UK? Has she worked or otherwise exercised treaty rights for any five continuous years? Has she applied for and got a DCPR (Document Certifying Permanent Residence)?
As discussed above, Pre-Settled Status or Residence Certificate (now that you are an EEA Citizen yourself).
Because the child is born abroad, the child can be registered as a British citizen when at least one parent is a British citizen AND both the child and the other parent have PR/ILR/settled status.
She has been living in the UK since January 2013 and working since April 2013.secret.simon wrote: ↑Sat Feb 16, 2019 10:42 amPresumably here you are referring to your EEA citizen wife. How long has she resided in the UK? Has she worked or otherwise exercised treaty rights for any five continuous years? Has she applied for and got a DCPR (Document Certifying Permanent Residence)?
She cannot apply for a British passport directly. She needs either a DCPR or Settled Status to apply for British citizenship, meet its (very different from EU law and much stricter) requirements and then, once naturalised, she can apply for a British passport.
the other route for me is may be that as I have been living with my EEA national wife can apply for DCPR with her too?secret.simon wrote: ↑Sat Feb 16, 2019 10:42 amAs discussed above, Pre-Settled Status or Residence Certificate (now that you are an EEA Citizen yourself).
You are not eligible for either PR or Settled Status if you have not completed five years in the UK as either the family member of an EEA citizen, an EEA citizen yourself or a family member of an EEA citizen who has retained right of residence.
Provided she started working within 90 days of arrival in the UK, she will have acquired PR in January 2018. She should apply for a DCPR asap (with proof of having worked from April 2013 to January 2018 and of having resided in the UK for 90 days prior to April 2013), then she can apply for British citizenship as soon as she gets her DCPR.
Presumably you were asking for a timeline thread for PR applications.