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So in theory if you can prove that PR has been already confirmed by UKBA before and that you have not been absent for a period exceeding two consecutive years UKBA has to confirm PR without documentation from your sponsor.Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
What I am not sure here is what "on application" means. Does it mean to be issued before application is considered?Subject to paragraph (5) and regulation 20(3), a permanent residence card shall be valid for ten years from the date of issue and must be renewed on application.
And section 6 of the EEA4 application form goes on about EEA national supporting evidence.For your application to be accepted, you must provide a valid identity card or passport, and evidence that you have a right to permanent residence. See section 6 of the EEA4 application form for details of the supporting evidence that you must provide.
You say "in theory", but that doesn't help me very much does it?So in theory if you can prove that PR has been already confirmed by UKBA before and that you have not been absent for a period exceeding two consecutive years UKBA has to confirm PR without documentation from your sponsor.
So, valid for three years, then why would we be forced to apply again after only three?! Ten years, possibly because of the fact that passports expire every ten years?valid for ten years from the date of issue and must be renewed on application.
Well, I did mention that we could travel with both passports, but UKBA don't "recommend it".86ti wrote:you do not have to apply for EEA4. It's optional. You make yourself too much stress.
How is it automatically renewed, when two years abroad invalidates a PR status? There must be some kind of process by which PR holders are checked.Obie wrote:automatically renewed after 10 years.
Therefore, one can confortably say that putting the residence card or the Permanent Residence card as a sticker in the holders passport, is illegal as it limits the validity of the document, which is not allowed.European Commission Report wrote: The format of the residence card is not fixed, so Member States are free to lay it down as they see fit . However, the residence card must be issued as a self-standing document and not in form of a sticker in a passport, as this could limit the validity of the card in violation of Article 11(1).
UKBA issues the PR card in the form of a sticker in the holders passport, and it is valid for ten years:Obie wrote:Therefore, one can confortably say that putting the residence card or the Permanent Residence card as a sticker in the holders passport, is illegal as it limits the validity of the document, which is not allowed.European Commission Report wrote: The format of the residence card is not fixed, so Member States are free to lay it down as they see fit . However, the residence card must be issued as a self-standing document and not in form of a sticker in a passport, as this could limit the validity of the card in violation of Article 11(1).
But it is true that they gave the wrong "PR". Instead of the ILR stamp they should have given a PR card sticker (or even better, followed European law to the full and given a self-standing document.)
That should makes sense, but the UKBA doesn't have any procedures for those who fall outside of normal circumstances.OP, they have not set a mechanism by which PRC can be automatically renewed after 10 years, as the due date for this possible automatic renewal will not commence until 2016 at the earliest.
Actually they did say permanent residence card (so that would mean EEA4). We applied for NTL, the equivalent of a PR renewal for ILR holders and the only thing we saw available at the time of our application in June this year. Since it's an ILR stamp in the passport, NTL was the natural thing to go for. And it has now been six months since the application was made (12th June to be exact), and we didn't hear a thing until now in December.If you choose to have it transfered to his new passport, then you might have to follow the UK rule and apply on EEA 4, as opposed to the EEA 2 resident card they wrongly told you about.
However, because your husband is applying for this document as opposed to renewal, which would have been done automatically, you should expect at least 6 months for processing.
I'm considering taking contact with Solvit, they haven't been particularly helpful before though.You can report the UK to solvit or the commission, as realistically the PR should be a free standing document, the validity of which, should only be determined by whether a person has been out of the UK for a period exceeding 2 years, and not when their passport expires.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM0313:FIN:EN:PDFEuropean Commission Report wrote: The format of the residence card is not fixed, so Member States are free to lay it down as they see fit . However, the residence card must be issued as a self-standing document and not in form of a sticker in a passport, as this could limit the validity of the card in violation of Article 11(1).