Permanent Residence Card: Subject to Immigration Control?

[KC80]

Right well I am firstly reading what you are saying thank you!
Secondly my endorsement says

'Residence Documentatation.

Document renewal date
04 dec 17

type of document: Permanent Residence Card
Remarks: No restrictions of the card holders activity in the United Kingdom

[KC80]

Under EU law, a couple remain family members as long as they have not divorced/dissolved the civil partnership. Therefore, a non-EEA family member may still be able to obtain permanent residence even though s/he has physically separated from her/his EEA-national spouse/civil partner.

[Guerro]

You can apply for a transfer of condition where you have to pay a fee

Can you back this up? On the EEA route you simply reapply. Already having PR confirmed is somewhat of a special case.

Sorry, I'm using my mobile and can't post links. Anyway, i saw on the ukba website a section while in the uk you can apply for toc to transfer a visa to a new passport or apply for a replacement visa if you lost your passport with the visa inside. I'm not sure if this can apply to eea route applicants. However, the letter issued with the pr should be sufficient unless it has an expiry date

[86ti]

Ok, I guess I see now my own mistake! I apologise.

Just to recapitulate. You have been in the UK for 10 years now. In 2007 you have applied for a PR card on form EEA4 (I falsly understood that your card was issued 10 years ago). That was your first application and you got your PR confirmed.

Now your problem is that your passport will expire and you wish to have it transferred to your new passport. This will require a fresh second application but since you are already a permanent resident you do not have to show any documents from your husband anymore (that's how I see it).

Does this describe your situation?

Essentially this is the same as what I have said before except for the confusion about the kind of card you have now. But that doesn't make any difference.

[KC80]

Hi there only me

Right my friend has just informed me that she rung the liverpool HO and enquired about my status etc...

1. I can remain in the country being seperated
2. I can have my PR card transferred by filling in a brand new application even though I am seperated - the 5 year treaty rights do not need to be shown for the EEA National now!!- BUT I can apply for British Citizenship
3. I can divorce if I wish - I have a child in full time education which will be one of the deciding factors

[KC80]

Hi 86Ti

No worries - yes I got my PR confirmed in 2007 that is correct - phew sorry I am just so nervous they deny my right to be in the country because I am seperated from the EEA National.

And yes EEA4 form is what I filled in when I applied in 2007

[86ti]

Anyway, i saw on the ukba website a section while in the uk you can apply for toc to transfer a visa to a new passport or apply for a replacement visa if you lost your passport with the visa inside. I'm not sure if this can apply to eea route applicants.

Crucial information: that's for visas but no visas on EEA route!

[KC80]

You are right!!!!

[86ti]

2. I can have my PR card transferred by filling in a brand new application even though I am seperated - the 5 year treaty rights still however need to be shown for the EEA National - BUT I can apply for British Citizenship

I can't believe the bold bit. The whole point about PR for the non-EEA national is that it is an independent status. What about those who do not wish to become BC? Would they need hubbies document for every renewal/transfer until he dies? What if they divorce and hubby doesn't want to support the ex-wife anymore? No, that doesn't make sense.

EDIT: I suspect another example of misinformation from the telphone drones in Liverpool.

[KC80]

Yeah I suspect so - No I believe that hubbies details are no longer required, maybe just a copy of his passport for their information.

Well at least I know some information - thanks for helping me out appreciate it. I will renew my passports and apply for either the transfer of endorsement to my new passport or just go for the application of BC

You seem to know quite a bit about immigration so could you possibly tell me the application for Naturalisation or BC - I know they check if you have paid National Insurance etc.. but do they check your credit file?

I am a little hesitatant to apply for BC as I have quite a few defaults on my file......even though I am with a Debt management company and paying my debts off even though the minimal amounts, unfortunately I could not help it if I lost my job and got behind

Your thoughts would be welcomed:)

[jmaroc]

If you have permanant residence - ilr - it's quite straightforward to transfer it to a new passport. We did it last week. You will make a NTL application. It is not the same as a new application.

The only information you will need are the old and new passports and - probably - some form of identity (we gave letters from HMRC and a medical card). They did not ask for any evidence of continous residence, although the notes say they will and we had plenty. My husband - the applicant - was asked for NO evidence that he was still married to me - the British citizen.

The only painful part was paying £578 for a premium service. Forget the postal service unless you want to wait 2-3 months.

J

[KC80]

Hi there

Thanks for this however you are referring to applying and transferring if you are married to a British Citizen the rules under European rights differ greatly.

EEA4 form for non EEA Nationals needs to be presented again with the NON EEA national showing they have lived and worked for the last 5 years in the United Kingdom. The EEA National has no involvement even less so if you have already gained PR in the United Kingdom..

[86ti]

I know a bit about the EEA rules because we are affected by them and want to understand them as well as possible but I can't really help much on naturalisation. We have another subforum for that purpose here though.

[jmaroc]

Oh, yes you're right Kerry.

And who said we lived in a borderless Europe!!

Good luck.

ps - does you PR have any reference to your EEA national family member. I only ask because I am confused about whether my husband, with his own PR/ILR now, can travel freely with me in Europe.

J

[KC80]

Yes I applied for PR as the spouse of an EEA National but even though I am seperating I have no restrictions on my activity in the UK.

I called the HO in Liverpool yesterday and they confirmed that I may seperate.

Your husband would still need a visa to travel anywhere to which is passport does not cover Visa free travel though. Like me I went to Portugal last year and still need a Schengen visa