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PR for our children (Please Help)

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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bpatmens
Newbie
Posts: 37
Joined: Tue Jun 13, 2017 6:56 pm
England

PR for our children (Please Help)

Post by bpatmens » Sun Feb 17, 2019 9:59 pm

Hello good people, I am a non EU national and my wife is a German and EU national. We both got our PR on 07/02/2019 as we have been married and lived in UK since 2012. Now, we brought my 2 children from previous marriage to UK on EEA FP in February 2015 and they had their residence cards in August 2015.Now can anybody advice us if we can apply for PR for them as we have both got our PR. I understand they are practically due for PR in February 2020 but is it possible we can apply earlier as their parents already have PR? Please help with your opinion if you have any advice.

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: PR for our children (Please Help)

Post by secret.simon » Mon Feb 18, 2019 2:05 am

No, because PR is not granted by the Home Office, but by EU law. EU law requires five years of residence in the UK in accordance with Directive 2004/38/EC before PR is acquired. The Home Office can only certify PR that already exists, which does not, for your children.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

bpatmens
Newbie
Posts: 37
Joined: Tue Jun 13, 2017 6:56 pm
England

Re: PR for our children (Please Help)

Post by bpatmens » Mon Feb 18, 2019 8:04 am

Thanks very much SecretSimon. So this means they are due for PR in February 2020 as that will be 5 years of being in UK.

Alien2017
Junior Member
Posts: 86
Joined: Fri Sep 22, 2017 10:22 am
United Kingdom

Re: PR for our children (Please Help)

Post by Alien2017 » Mon Feb 18, 2019 11:32 am

But if you do change your PR card in Settled Status, you can include them and they will get Settled Status as well, without having to wait 5 years.

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