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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.
If your husband was a qualified person (EU citizen exercising treaty rights) throughout those 5 years, yes, that is correct.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 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/apply3. 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?
Regarding your last question: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)
You have two options: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?
Good question. I do not know the answer.
Well spotted, actually that was the wrong link, I'm soooo, so sorry.newrat wrote: ↑Tue Nov 19, 2019 10:11 pm1) The form doesn't say anything about 'permanent' residence as opposed to just residence. Will they automatically know to issue a PR card based on our 5 year marriage dates? Just want to make sure I'm filling out the right form as this doesn't mention 'permanent' anything anywhere and no option for me to select what kind of card I'm applying for.
How to apply
The qualified person can include you if they apply online for permanent residence.
If they cannot apply online, download and fill in the permanent residence card application form.
Post it to the Home Office, using the address on the form. Include the fee (£65 fee per person) and supporting documents listed on the form.
As explained in Section 9 of the Guidance, you only need her PR document to prove her activity in the UK.2) My EEA wife has PR as of last year where she had to send in all her work documentation (P60s, payslips etc). For my application I only need to send in her PR card right, and not all her work proof again? I've read the guidance notes as well, but somewhat conflicting instructions on one part of the form has me confused.
Your initial advice above (option 1) was to obtain PR and then convert to SS. Isn't it also an option just to go directly for citizenship? Especially as no deal is looking unlikely. And depending on how the PR will be dated the 31 Dec 2020 deadline may also be viable (Our 5 year anniversary is 3 December 2019).What you must do
To continue living in the UK after 30 June 2021 you must either:
-apply to the EU Settlement Scheme - you will not have to prove you have 5 years’ continuous residence
-apply for citizenship before 30 June 2021 (or 31 December 2020 if the UK leaves the EU without a deal)
If after obtaining PR you qualify for citizenship before the PR card expires in December 2020, then yes, that is an option.
Regardless of how long you lived in he UK, the mandatory requirement is to hold pr or settled status for 12 months before you can apply for citizenship. The only time this is not required is if you are married to a British citizen.I was applying after our 5 years, with the intention of applying for citizenship a year later. However, I believe if you have already been here 6 years then you can apply for citizenship right away.
No. Your time under the EEA rules starts from the date you married. Time as unmarried only counts if you have a RC under the EEA rules as an unmarried partner.Is it possible for me to use this unmarried year towards the 6?
Only if you held an RC as an extended family member.It seems like it should count as you can even apply for PR without marriage and with a 'durable' relationship.