newrat wrote: ↑Tue Nov 19, 2019 10:10 am
1. Am I right in thinking I need to apply for PR not ILR? Is there a difference/benefit either way?
If by ILR you mean Settled Status, then you can apply to either. They are nearly equivalent concepts, the main difference being, PR is confirmed through EU law and will cease with Brexit; whilst ILR/Settled Status is granted under UK law and will eventually take over PR when that option is no longer available.
See this post from earlier this year with
a compilation of the differences between the two routes.
The above being said, given that PR cards under EU law will cease to be valid on 31st December 2020, many people chose to apply directly to ILR/Settled status instead. Also, if you prefer, you can always apply for both, as they are not mutually exclusive.
2. I believe I can apply as soon as our marriage is 5 years old (even though my 5 years on current residency only finishes next May). Is this right?
If your husband was a qualified person (EU citizen exercising treaty rights) throughout those 5 years, yes, that is correct.
3. On gov.uk PR page under 'How to Apply' it says, "The qualified person can include you if they apply online for permanent residence.". This is the only option given. However, my wife already has PR. How do I apply alone?
If you do not apply as part as his application, I'm afraid you cannot apply online. Your only option is a paper application sent by post. Clearly explained here:
https://www.gov.uk/apply-for-a-uk-residence-card/apply
Apply
The qualified person can include you if they apply online for permanent residence.
Otherwise, you must download and fill in either the:
application for a direct family member, form EEA (FM)
application for an extended family member, form EEA (EFM)
Regarding your last question:
4. Obviously my goal is to apply for citizenship after a year. However, the gov website says "Your residence card will not be valid after 31 December 2020. You and your family can apply to the EU Settlement Scheme if you want to continue living in the UK." I understand this is subject to Brexit, but assuming this is true, how will this affect my route to citizenship?
You have two options:
1. Apply to PR, then use that biometric card to apply for online-only ILR/Settled status through the app.
Then, before December 2020, apply to convert your PR card to a Settled Status card (see thread
here of peoploe who have converted their card). You will have PR and ILR under both regulations, EU and UK, but you will have to complete a form of settled status application twice (one for the online-only status, and another for the conversion/upgrade of your card).
2. Apply directly to Settled status when your 5 years since marriage are up. You will not have to complete two processes related to settled status, but you will not have PR under EU law, only under UK law (which due to Brexit is irrelevant for many people).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.