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Pr questions

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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diangelo
Newbie
Posts: 44
Joined: Fri Mar 22, 2013 11:45 am

Pr questions

Post by diangelo » Sat May 13, 2017 3:10 am

Hello all..is it possible for a non eea spouse of an eu who has permanence residence to make pr appilcation 28days before 5years marriage.Got married in August 31 2012,can i make my application on the 4th of August this year.
Secondly ,we do not have joint utility or council bills but she has bank statements and payslips covering these whole five year period bearing same address as mine as well as letters from HMRC and NHS.
Lastly we have lived in another town working but have maintained our original address for these past five years and have no other address listed on any of our documents though my payslip bears another address for the past three years though my bank statements and i still pay council and utility bills of the original address,will this affect my application?
Thank you all.

secret.simon
Moderator
Posts: 11223
Joined: Thu Feb 21, 2013 9:29 pm

Re: Pr questions

Post by secret.simon » Sat May 13, 2017 4:54 pm

diangelo wrote:is it possible for a non eea spouse of an eu who has permanence residence to make pr appilcation 28days before 5years marriage.Got married in August 31 2012,can i make my application on the 4th of August this year.
No. The 28 day in advance concession only applies to applications made under the UK Immigration Rules. It does not apply to any applications made under EU law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

GMB
Member
Posts: 177
Joined: Mon Jun 25, 2012 8:14 am
Location: London
United States of America

Re: Pr questions

Post by GMB » Mon May 15, 2017 11:31 am

diangelo wrote:Hello all..is it possible for a non eea spouse of an eu who has permanence residence to make pr appilcation 28days before 5years marriage.Got married in August 31 2012,can i make my application on the 4th of August this year.
As secret.simon said, that's for the UK domestic immigration rules, not the EEA rules. I reach my PR point on 25 May, and I will mail the application out that day just to be safe, because I have no idea what they use for "date submitted" and I figure they can't play any games if the postmark of the application is the day I reached PR.
diangelo wrote:Secondly ,we do not have joint utility or council bills but she has bank statements and payslips covering these whole five year period bearing same address as mine as well as letters from HMRC and NHS.
This should be fine. While the new version of the EEA(PR) Guidance Notes doesn't address this situation, the older version specifically said that separate documents for each person both showing the same address could be used in lieu of joint documentation. Like you, we have very little in our joint names, so this is what I'll be doing as well.
diangelo wrote:Lastly we have lived in another town working but have maintained our original address for these past five years and have no other address listed on any of our documents though my payslip bears another address for the past three years though my bank statements and i still pay council and utility bills of the original address,will this affect my application?
Based on the new Guidance Notes v3.0 (see link below), each person only needs to submit ONE item of residence-related evidence for each 12-mo. period, so to eliminate confusion if I were you I would make sure all documents I submitted were for the original address. I also have two addresses, but I won't be submitting anything with the second one on it just because I don't want to give them anything to pick at or question.


I highly recommend you have a look at the updated EEA(PR) Guidance Notes v.3.0, Apr 2017: https://www.gov.uk/government/uploads/s ... tes-v3.pdf

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