Permanent Residence

[Xuan2014]

Hello Everyone,

I would appreciate if you all according to your knowledge and experience can give me some information or advice on following TOPIC:

I am UK from 2005 and I am a Non-EU National. I got married to EU National on 2007. We are still together and very happy. As a spouse of her, I have been granted Residence Permit which will expire on July 2014.

My concern is "am I eligible to apply for Permanent Residence" as I am living here (UK) from 7 years and been in a marriage for wonderful 5 and a half year?

OR

"Shall I need to wait till my Residence Permit expires which is July 2014?"

On document side I have everything I need to submit to HO. There is no problem at all.

Hope you all who have experience on this area will provide ma a best possible solution and direct me towards towards best possible option.

Many Thanks,
Xuan

[sheraz7]

Applying/holding EEA2 RC is a mere confirmation of residence right for non-EEA national as long as EEA partner is excercising its treaty rights such as working, studying, self employment, self sufficient etc. Your clock towards achieving the PR has been started from the date of wedding with EEA partner and on the completion of your 5th year you are eligible for PR. In your case you already are eligible since 2012.

[renu]

Applying/holding EEA2 RC is a mere confirmation of residence right for non-EEA national as long as EEA partner is excercising its treaty rights such as working, studying, self employment, self sufficient etc. Your clock towards achieving the PR has been started from the date of wedding with EEA partner and on the completion of your 5th year you are eligible for PR. In your case you already are eligible since 2012.

you are eligible and you can apply for your PR. good luck

[Xuan2014]

Thank you, guys for you valuable suggestion. So, you guys mean It is okay to apply for PR now. Or should I make a call to HO. If you guys think its okay than I am gonna fill and send my EEA4 Application Form tomorrow. I just want to sure.

THankyou again.

[nidaulhaque]

Thank you, guys for you valuable suggestion. So, you guys mean It is okay to apply for PR now. Or should I make a call to HO. If you guys think its okay than I am gonna fill and send my EEA4 Application Form tomorrow. I just want to sure.

THankyou again.

you can apply for pr without any problem as you complected your 5 years nothing to do with your rc. make sure you send your 5 year proof of address and your partner exercising treaty rights documents

[Obie]

Has your partner been exercising treaty rights since your marriage?

[Xuan2014]

Hi All,

Thanks again. I am very confident to apply for PR now. As I have mentioned earlier I have all the documents they might be needed for the Application Process but still it would be very helpful if someone who have applied for PR can enlist the documents which I need to submit along with my Application Form(EEA 4). My concern is:

1. Do I need to send them Bank Statement? If yes than is it okay to send for recent three months or how many months? Do I need yo send statements for both of us?

2. Is P60 enough or shall I need to send Payslip as well? Do I need to send for the whole 5 years? Is that need to be Original or Photocopy? I am asking this because they didn't send our Original Payslips back when I applied for RC.

3. She is been working in the same Company for more than 5 years. Shall I need to send her Work Contact Paper?

4. What about her Worker Registration Scheme and Certificate for WRS? Did I need to send them as well?

5. I have Marriage Certificate, 5 Years proof of living together that I can send to HO.

6. Oh yeah I saw those charges on UKBA website. Should I need to pay fee for Applying PR now?

What else I need to send them so that I will have no any hassle later on in my Application Process??? Please advise me lists if I have missed any?

Many Thanks
Xuan

[Xuan2014]

[quote="Obie"]Has your partner been exercising treaty rights since your marriage?[/quote]

Yes Obie she was never been unemployed and so do I as well.

Thanks,

[nidaulhaque]

Hi All,

Thanks again. I am very confident to apply for PR now. As I have mentioned earlier I have all the documents they might be needed for the Application Process but still it would be very helpful if someone who have applied for PR can enlist the documents which I need to submit along with my Application Form(EEA 4). My concern is:

1. Do I need to send them Bank Statement? If yes than is it okay to send for recent three months or how many months? Do I need yo send statements for both of us?

2. Is P60 enough or shall I need to send Payslip as well? Do I need to send for the whole 5 years? Is that need to be Original or Photocopy? I am asking this because they didn't send our Original Payslips back when I applied for RC.

3. She is been working in the same Company for more than 5 years. Shall I need to send her Work Contact Paper?

4. What about her Worker Registration Scheme and Certificate for WRS? Did I need to send them as well?

5. I have Marriage Certificate, 5 Years proof of living together that I can send to HO.

6. Oh yeah I saw those charges on UKBA website. Should I need to pay fee for Applying PR now?

What else I need to send them so that I will have no any hassle later on in my Application Process??? Please advise me lists if I have missed any?

Many Thanks
Xuan

5 p60 will be enough to prove treaty rights
Then you need to send 2-3 per year her documents and 2-3 per year your proof of address for last 5 years that's all you must need to send origional no copies include her wrs as well for safe side

[mist_question]

to be honest I think you should send all of those you mentioned.
have a look at the form and you will notice it has a check list and examples of documents in brackets - I would say send as many of those as you can... however my own experience dictates that things can always go wrong regardless of how much stuff you send.

[nidaulhaque]

to be honest I think you should send all of those you mentioned.
have a look at the form and you will notice it has a check list and examples of documents in brackets - I would say send as many of those as you can... however my own experience dictates that things can always go wrong regardless of how much stuff you send.

Well if you send extra documents it will confuse case worker so make ur application light as possible

[mist_question]

you are right, that might happen

[Xuan2014]

Hello again,

Thanks again everyone for your valuable suggestion. That was very helpful and save my lots of time and effort.

As this forum help to find out solution, I have one more question to ask.

As my wife is an EEA- National and she is in UK as long as I am here which is 7 Years. Can she apply for British Citizen straight away or she to apply for PR first to get British Citizen?

If yes than:

1. What information/ documents I need and where can I find all those information more clear and straight forward?

2. Can I send my PR Application Form (EEA4) and also her Application Form for British Passport to reasonable Departments to HO which other hand save our time. Or if this not appropriate and please advise me a reasonable solution.

Hoping for all who can light up my above question.


Many Thanks,
Xuan

[el patron]

I think she should wait until you get the PR before getting British nationality!

[Xuan2014]

Hi el patron,

Thanks I will take your advice and apply for PR first for me and than I will apply for British Citizen for my wife.

But I am still not clear that; Did she need to apply for PR first to get British Citizen as she is in already in UK for 7 years and is exercising Treaty Rights?

Can you please be more precise and clear.

Many Thanks,
Xuan

[el patron]

Hi el patron,

Thanks I will take your advice and apply for PR first for me and than I will apply for British Citizen for my wife.

But I am still not clear that; Did she need to apply for PR first to get British Citizen as she is in already in UK for 7 years and is exercising Treaty Rights?

Can you please be more precise and clear.

Many Thanks,
Xuan

There is no compulsion to apply for PR, she already has it and can evidence it. However having PR evidenced in a vignette in a passport is convenient. She will evidence her PR in her application for naturalisation through documentary evidence of employment. I really don't recommend an EU national naturalising as a British citizen, such a shame to close the door on future EC Treaty rights in the UK.

[Plum70]

I really don't recommend an EU national naturalising as a British citizen, such a shame to close the door on future EC Treaty rights in the UK.

But if they have exercised treaty rights in another EU member state as a worker prior to settling in the UK, then the benefits of EU treaty rights still apply. Not as bad as one might think.

It is a balanced decision to apply this law in such a way that doesn't disadvantage sole British nationals who do not have another EU nationality to turn to.