Spouse of EEA national - PR application

[newrat]

Hello kind volunteers. I'll do my best to summarise. My details:

- I am an Indian national married to a French national.
- We will be married for 5 years in a few weeks, December 2019.
- We have lived in the UK for the entirety of our marriage and many years prior.
- My wife obtained a PR card last year, November 2018.
- I am currently on a 5 year residency, obtained as spouse of EEA national, due for renewal in May 2020.
- This point is probably irrelevant but: I have lived in the UK since 1999, on various visas, but due to a 3 month gap between in visas in 2006 my first 10 yr period was disrupted. Then in 2010 I spent about 1.5 years travelling abroad, so another disruption.

My questions are:

1. Am I right in thinking I need to apply for PR not ILR? Is there a difference/benefit either way?
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?
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?
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?

Thank you so much for your time

[kamoe]

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).

[newrat]

Hey kamoe, thanks so much for your detailed reply. Really do appreciate it

With regards to the two options you have given at the end, assuming I go for the first, will this affect/delay my route to citizenship? If there was no brexit i believe I could have applied for citizenship a year after obtaining PR. Now with switching to Settled status at some point will this 1yr timer reset?

[kamoe]

I go for the first, will this affect/delay my route to citizenship? If there was no brexit i believe I could have applied for citizenship a year after obtaining PR. Now with switching to Settled status at some point will this 1yr timer reset?

Good question. I do not know the answer.

Since it's early days, the only reliable source of information we have on that is the thread I mentioned above, where you can follow first-hand accounts of people having applied to convert their cards here.

[newrat]

Thanks again kamoe!

I've just bee through the 100 page form EEA(FM). A couple of quick questions if you don't mind:

1) 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.

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.

Thank you

[kamoe]

1) 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.

Well spotted, actually that was the wrong link, I'm soooo, so sorry.
I got confused myself as the wording is very similar.

It's here: https://www.gov.uk/apply-for-a-uk-resid ... dence-card

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.

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.

As explained in Section 9 of the Guidance, you only need her PR document to prove her activity in the UK.

[newrat]

Good thing we caught that

Ok I think I'm almost there. Just one last thing. I was reading up on Settled Status and under the section 'If you have a valid ‘UK permanent residence document’' it says:

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)

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).

[kamoe]

Isn't it also an option just to go directly for citizenship?

If after obtaining PR you qualify for citizenship before the PR card expires in December 2020, then yes, that is an option.

[newrat]

Hello. I have one more question as I'm filling out this PR application. Just a reminder, I'm applying as the spouse of an EEA national and our 5 year anniversary is in a week. 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.

We have both been here more than 6 years, but the first year out of the qualifying 6 won't be as a married couple. We were living together though. I was on a non-Tier visa obtained outside the regular rules (Article 8 I think?). Is it possible for me to use this unmarried year towards the 6? It seems like it should count as you can even apply for PR without marriage and with a 'durable' relationship.

[CR001]

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.

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.

Is it possible for me to use this unmarried year towards the 6?

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.

It seems like it should count as you can even apply for PR without marriage and with a 'durable' relationship.

Only if you held an RC as an extended family member.

[newrat]

Thank you CR001, this is really clear. Your time is greatly appreciated.

[newrat]

I keep thinking it's the last question, but alas, I have one more

So for PR application through EEA spouse (who has PR as of last year), I know I don't need to provide her work history, payslips etc, as the PR document will suffice. I know I have to provide one proof of residence for each qualifying year. Do I also need to provide one proof of residence for her for each of these years, or does her PR suffice for this too?

[newrat]

Nevermind, I need to show that we were living at the same address as proof of the relationship anyway. So ignore.