Residency Proof

[Sajid29]

Hello and thanks to everyone who help me through out since 2013 I have forgot my old id Anyway I received my PR yesterday dated 26 October and it's valid upto 2023 . I thaught my five year of marriage was in September so my natralistaion period suppose to start from September? I didn't receive any letter saying when I can apply for natralistaion or it automatic one year wait for natralistaion?
2nd now my wife will apply for naturalization ,if my wife become natralise ,can I apply for natralistaion or I have to wait one year ?

[secret.simon]

I didn't receive any letter saying when I can apply for natralistaion or it automatic one year wait for natralistaion?

You should have got a letter stating the date that you acquired PR. That letter would not state when you can apply for naturalisation, because the requirements for naturalisation are different and unrelated to those for PR.

Did you get a letter stating the date you are assumed to have acquired PR? If not, I suggest applying for an SAR with UKV&I to get the information. But I advise against assuming it.

If your spouse is not a British citizen, then yes, you need to wait for a year. if your wife becomes a British citizen, you can apply immediately after her citizenship ceremony. You of course need to meet the relevant 5 or 3 year absence, physical presence, language, good character and other requirements.

[Sajid29]

Thanks for your reply , well I hope I received correct card ,it says on the top Residence Card ,on the very bottom it says residence card of a family member of a union citizen and it's valid for 5 years.
I only received the letter with returning duccuments saying that " I am returning the enclosed documents which you provided in support of your application ,A residence car (biometric format ) will be send separate. This letter didn't say anything when I aquire PR . However the date on the letter is same as on the residence card . I hope this is not RC lol . But I didn't saw any letter saying which date i aquire PR ..What should I do ?

[zusman]

i think what you received is Residence Card not a Permanent one.
Permanent one has expiry of 10 years not 5 like RC.

[Sajid29]

i think what you received is Residence Card not a Permanent one.
Permanent one has expiry of 10 years not 5 like RC.

I am so confused atm . I apply for PR not RC . I download PR form ..I think I need to call them and ask ??

[zusman]

yeah i would chase them to find out.

[apsk]

i think what you received is Residence Card not a Permanent one.
Permanent one has expiry of 10 years not 5 like RC.

Every ILR (permanent) card is being issued with expiry in 2023 as that's when UKVI has proposed to issue new cards. So, if I understood correct you got the correct BRP with ILR.

[apsk]

i think what you received is Residence Card not a Permanent one.
Permanent one has expiry of 10 years not 5 like RC.

I am so confused atm . I apply for PR not RC . I download PR form ..I think I need to call them and ask ??

There is nothing like PR in UK, I reckon you meant ILR and you downloaded ILR Set(M) form for which you got BRP card with 2023 expiry as UKVi isnt issuing any BRP with any validity after 2023, even I got the same validity last year.

[zusman]

The OP is family member of eu citizen. who gets PR after 5 years.

[Sajid29]

i think what you received is Residence Card not a Permanent one.
Permanent one has expiry of 10 years not 5 like RC.

I am so confused atm . I apply for PR not RC . I download PR form ..I think I need to call them and ask ??

There is nothing like PR in UK, I reckon you meant ILR and you downloaded ILR Set(M) form for which you got BRP card with 2023 expiry as UKVi isnt issuing any BRP with any validity after 2023, even I got the same validity last year.

Thanks for your reply , I apply for PR as I am a non eu married to eu national but looks like the case worker make a mistake by issuing RC rather then PR . Me and my friend both download PR Form . No it's not ILR set M

[Sajid29]

The OP is family member of eu citizen. who gets PR after 5 years.

Correct . I think I need to contact homeoffice ..I will be glad if anyone who recently got PR and share their thaught .

[CR001]

The OP is family member of eu citizen. who gets PR after 5 years.

Correct . I think I need to contact homeoffice ..I will be glad if anyone who recently got PR and share their thaught .

If the card does not specifically state Document Certifying Permanent Residence, then it is not a PR card but another 5 year residence card.

[Sajid29]

The OP is family member of eu citizen. who gets PR after 5 years.

Correct . I think I need to contact homeoffice ..I will be glad if anyone who recently got PR and share their thaught .

If the card does not specifically state Document Certifying Permanent Residence, then it is not a PR card but another 5 year residence card.

Thanks for your reply . How they can make this mistake ??? I send covering letter explain everything with PR form however on the letter it says check carefully if you find a mistake please email with in 10 working days of receiving the permit . I already send an email .

[Sajid29]

CR001

They issued me another 5 years visa . Should I email them or write a letter about error? Thanks for your time .

[secret.simon]

Depending on what evidence you included, the issue of a Residence Card may not be an error.

If the caseworker is convinced by the evidence that you have acquired PR (because you have lived in the UK for five years as the spouse of an EEA Citizen who has PR or is exercising treaty rights), then they would issue you a PR Card (as you are a non-EEA citizen; only EEA citizens get a DCPR). If they are not so convinced, the correct thing to do (if the evidence warrants it) is to issue you a Residence Card. So, it seems the caseworker was not convinced that you have resided in the UK for five years with an EEA citizen who exercised treaty rights for the five continuous years and therefore correctly issued you a Residence Card.

As I have mentioned in my earlier post, it may be worth applying for a SAR with the UKV&I to see the comments that the caseworker has put on your application. That will give you an understanding of why s/he issued you a Residence Card instead of a PR Card. You can then, if necessary, reapply with new evidence.

[Ck4sure]

Just read your post and advice #secret.simon...

You referred to 'SAR' . Could you explain what this please??

[Sajid29]

Depending on what evidence you included, the issue of a Residence Card may not be an error.

If the caseworker is convinced by the evidence that you have acquired PR (because you have lived in the UK for five years as the spouse of an EEA Citizen who has PR or is exercising treaty rights), then they would issue you a PR Card (as you are a non-EEA citizen; only EEA citizens get a DCPR). If they are not so convinced, the correct thing to do (if the evidence warrants it) is to issue you a Residence Card. So, it seems the caseworker was not convinced that you have resided in the UK for five years with an EEA citizen who exercised treaty rights for the five continuous years and therefore correctly issued you a Residence Card.

As I have mentioned in my earlier post, it may be worth applying for a SAR with the UKV&I to see the comments that the caseworker has put on your application. That will give you an understanding of why s/he issued you a Residence Card instead of a PR Card. You can then, if necessary, reapply with new evidence.

Thanks for the Reply. Well i married in September 2103 with eu national who acquired PR in 2015 . The following duccuments i submit
PR form , marriage certificate , child birth certificate 5 years joint bank statement , 5 years joint tanency agreement, 5 years water bills ,daughter british passport , wife DCPR . ( I didn't send her work history as she has Already PR )
I mentioned in covering letter that I am applying for PR after 5th wedding anniversary. I don't think if I missed anything? They should have refused and tell the reason ...my old RC is still valid upto March 2019 ....I applied for PR upon 5th anniversary..I don't think it happen with anyone else ?

[Sajid29]

I submit top 3 proof through out five years as the other non eu national submitting ..simen.secret what else can be provided apart of the list I submit ? It's annoy me without knowing the reason .

[Sajid29]

, it seems the caseworker was not convinced that you have resided in the UK for five years with an EEA citizen who exercised treaty rights for the five continuous years .....
my wife was eligible for PR in 2013 but she acquired in 2015 . We are married from 2013 ,from what I understand You mean my wife should work from 2013-2018 even she has DCPR ? I thaught she has PR and she doesn't need to exercise treaty rights ? Please let me know . Thanks

[Sajid29]

Just talk with two different solicitors. My wife had her PR in 2015 but she was qualified in 2013 .long story short . I applied for PR and received RC without explination even my current Rc is valid . One of the solicitor said once she acquired PR she don't have to do it again simply attached PR and another solicitor said even she has PR she should work for another 5 years for you to apply for PR . She was qualified before we getting marry and I thaught she don't have to work once PR acquired. She was at work in and out through out five years . Can senior member please answer me which solicitor is correct ?

[Sajid29]

Cc
From: BRP Error <BRPError@homeoffice.gov.uk>
Thank you for your enquiry.

We have investigated this matter and concluded that this case will require the case work team's expertise for a decision, as they may need to refer to the original application or any other documentation submitted in support of the application. The address to write to can be found on the decision letter sent to the Permit Holder by the Home Office.  

We regret to advise you that we are unable to assist further with this particular enquiry.   

For further information on immigration matters you should consult the guidance on our website at https://www.gov.uk/visas-immigration 

Or you may wish to contact the Croydon Contact Centre; information for this is available at: https://www.gov.uk/contact-ukvi-outside-uk please select “Start” and choose United Kingdom to be directed to the correct page.

If a Visa Premium Service Centre was attended to process the application, the Permit Holder will need to contact the office attended.  

Please note we are unable to provide any further details of Caseworkers or Case Work Teams.

Please do not return the BRP at this point.  

If you decide to contact the appropriate case work team, they will advise whether they need the BRP returned.

Kind Regards,
Should I write a letter to case worker ?

[secret.simon]

You referred to 'SAR' . Could you explain what this please??

SAR = Subject Access Request
Request personal information held in the borders, immigration and citizenship system
That should include any notes that the caseworker left on your application.

[Sajid29]

hello and thanks in advance to everyone specially members of this respectable Board .

can Anyone please clarify on my situation . I married in 2013 and my spouse acquired PR in 2015 (2009-2013) period . so she was a qualified person before we knew each other . may be I didn't ask properly the time I get RC in 2014 and I assume she is a qualified person and hence she don't need to work and simply attached PR upon 5th wedding anniversary ? am I right or wrong ? as I mentioned she was qualified in 2013 so after marriage she didn't work all the time so there is a gap in her employment .but again I thought I will only attached her PR and proof of residency through out 5 years .can senior member or anyone could please share their view in my case ? I was working full time .
in short ,I received RC again rather than PR . applied for SAR and also write a letter to the case worker to look at my case as it can be an error and if its correct can you please tell the reason and send it on special delivery .i didnt noticed that my coa was issued wrong as well .
please help me with the quries above .

[Asherkhawaja]

Sajid..your wife must have received a letter from HO at the time she received DCPR. This letter states the date when she acquired PR status.
Advise here your marriage month/year and the date on the letter I mentioned above!??
Once the EU National acquire the PR status (the date HO mentions on the letter), the EU citizen does not require anymore to exercise treaty rights by employment/self employment etc. Accordingly, from the date EU citizen acquired such status, the family member of EU citizen no longer depends on EU spouse’s exercise of treaty rights to be able to stay in the U.K.
I suggest you to have a look on your spouse’s DCPR card and the letter which came along to confirm your wife did actually get the correct DCPR and the relevant letter.
Let me know if you or your wife has lived outside UK for more than 2 years at any time after your wife acquired PR? You will be aware that living outside U.K. continuously for more than 2 years unfortunately cancels acquired PR status!
It is also entirely possible that HO made an error and instead of PR, they issued you RC, so you need to keep following up on this with HO.

[Sajid29]

Sajid..your wife must have received a letter from HO at the time she received DCPR. This letter states the date when she acquired PR status.
Advise here your marriage month/year and the date on the letter I mentioned above!??
Once the EU National acquire the PR status (the date HO mentions on the letter), the EU citizen does not require anymore to exercise treaty rights by employment/self employment etc. Accordingly, from the date EU citizen acquired such status, the family member of EU citizen no longer depends on EU spouse’s exercise of treaty rights to be able to stay in the U.K.
I suggest you to have a look on your spouse’s DCPR card and the letter which came along to confirm your wife did actually get the correct DCPR and the relevant letter.
Let me know if you or your wife has lived outside UK for more than 2 years at any time after your wife acquired PR? You will be aware that living outside U.K. continuously for more than 2 years unfortunately cancels acquired PR status!
It is also entirely possible that HO made an error and instead of PR, they issued you RC, so you need to keep following up on this with HO.

1) she never received any letter states the acquired date and we didn't know as well at that time but when we was applying for DCPR in December 2014 so the period exercise treaty right was (2009-2013) .and she was still working ,2014 on maternity , she was already qualified at the time of maternity .My daughter born in 2014 and same documents was sent and was successful for british passort .

2) we married in September 2013 .never lived outside country , only visit twice for a month in 2014 and 2018 . and few times in different places just for a week .


Spouse DCPR issued in JAnuary 2015 . either we lost the letter or we didnt recieved one . i send a letter to the case worker by special delivery so i can track . atleast i have a hope now that it can be an error .i found few cases with similar issue but never updated, i will surely do this as it will help others . well thanks for your reply .