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Hello everyone, I have a few question. My boyfriend is trying to get british citizenship. He has a romanian background, but has lived in England for over 10 years. His mom married an englishman when he was around 13, he is now 26. They are still married on paper, thought that might be important to mention. He is working here, has studied here, and is basically the model citizen. However, he was told that before he could apply for naturalisation he had to get the permanent residency card. Today he received a refusal, due to the fact that he didn't provide information on his health insurance, and not enough documents proving that he does in fact have a job and can support himself (I know ridiculous right). Anyway, the question I would like to ask now is, whether it makes sense to contact a sollicitor to help with perfecting the application to a degree where it cannot be refused and then proceed to either

a) Re-submit the application
b)Appeal

We are doubting what to do, because it is apparently possible to resubmit, at least that's what I've read on this forum.

Then one more question. I personally don' t live in England, I live in germany, he plans on living here with me in the future, but the british passport would be a much needed security/safety net for him to have. I am wondering, is it possible to apply for british citizenship and move during the application? Or would that cause problems with the application? Does he actually have to sit the application out in england before he would be able to move here?

Well, I guess those are my questions. Hope anyone has been through a similar situation and might have

Having a British step-father won't help with regards to getting PR under EU law.

Was his mother a Romanian citizen? If so, did his mother work while in the UK for five continuous years? Alternatively, did she exercise treaty rights (by being a self-sufficient person with Comprehensive Sickness Insurance-CSI) while she was in the UK for five continuous years? If she did, your boyfriend could apply for PR based on his mother's exercise of treaty rights.

If the mother did not exercise treaty rights and/or was not an EEA citizen, then your boyfriend will need to have exercised treaty rights himself for five continuous years to acquire PR.

If he was a student or a self-sufficient person, he would require CSI coverage or equivalent (such as a non-UK EHIC card) for that period to count as exercising treaty rights.

For further assistance, provide us with a breakdown of his history in the UK (when was he studying in the UK, when was he working in the UK, what absences has he taken, etc).

secret.simon wrote:Having a British step-father won't help with regards to getting PR under EU law.

Was his mother a Romanian citizen? If so, did his mother work while in the UK for five continuous years? Alternatively, did she exercise treaty rights (by being a self-sufficient person with Comprehensive Sickness Insurance-CSI) while she was in the UK for five continuous years? If she did, your boyfriend could apply for PR based on his mother's exercise of treaty rights.

If the mother did not exercise treaty rights and/or was not an EEA citizen, then your boyfriend will need to have exercised treaty rights himself for five continuous years to acquire PR.

If he was a student or a self-sufficient person, he would require CSI coverage or equivalent (such as a non-UK EHIC card) for that period to count as exercising treaty rights.

For further assistance, provide us with a breakdown of his history in the UK (when was he studying in the UK, when was he working in the UK, what absences has he taken, etc).

Yes his mother was a romanian citizen. She has never really been independent as far as I know. Right now she does make use of benefits due to mental health problems. As far as I understand it, he does have ' indefinite leave to remain' ,and has had this for over 10 years I thought, but not the permanent residency card. I think his parents did arrange that for him. All he really needs is the permanent residency card, so that he can show he has the right to remain on paper. The reason for refusal, as they stated underneath his application, was not enough information about his health insurance and income/him being independent.

He was studying in university and college from 2010-2015
and working from 2016 to now, and did one placement year in university in 2013-2014

He has been out of the country for 1 year approximately, but this happened more than 7 years ago, so it shouldn't really be relevant for the application. He has visited me during the years, but never more than a few days every few months or so.

he does have ' indefinite leave to remain'

What do you mean by this? Does he have a sticker in his passport saying Indefinite Leave to Remain?? This is really important and will determine what his next steps are.

CR001 wrote:

he does have ' indefinite leave to remain'

What do you mean by this? Does he have a sticker in his passport saying Indefinite Leave to Remain?? This is really important and will determine what his next steps are.

With his passport, which he entered the country with. He has a VISA that states ' indefinite leave to remain'. He got to the UK when he was really young and he basically got this VISA through his mother.

If he has got a passport stamped with "indefinite leave to remain", he does not need PR. He can apply straight for citizenship with that, providing he meets the other standard requirements for citizenship.

secret.simon wrote:If he has got a passport stamped with "indefinite leave to remain", he does not need PR. He can apply straight for citizenship with that, providing he meets the other standard requirements for citizenship.

Really? Because he said to me that he was certain he would still need to permanent residency card. He has read it on the gov.uk website, and heard it from this citizenship bureau. Could it be that he misinterpreted something then? If you are sure however, then that is fantastic news!

PR and ILR are effectively the same status so if he has ILR and meets all the requirements and has not left the UK for more than 2 years at any point since he got ILR, he can apply for citizenship. He needs to submit the passport that has the ILR sticker in it to prove he is 'free from immigration time restrictions'.

CR001 wrote:PR and ILR are effectively the same status so if he has ILR and meets all the requirements and has not left the UK for more than 2 years at any point since he got ILR, he can apply for citizenship. He needs to submit the passport that has the ILR sticker in it to prove he is 'free from immigration time restrictions'.

He has shown me the document it says: entry clearance, and it had a stamp on the document with 'immigration officer'. It also says:'VISA to join parents'. Is this the ILR ? Because it doesn't specifically say Indefinite leave to remain on the document.

Does anyone know whether this type of passport counts as ILR? He did tell me that his mother does have ILR, she just have to look for the certificate that say she does, Will he be able to otherwise apply for British citizenship straight away through her? Or is his own VISA enough proof? I might upload a picture of it with all his information stripped away so that people can see what type of VISA it is. I'm also wondering in the case his mother can't find the documents,if we can them opt to the government to send them again? Sorry Im not living in the uk, so I have no idea what the procedures are on this at all.

Does his visa state anything else other than 'to join parents'? May 'indefinite leave to enter' or 'ILE'?

It really would probably be easier if your friend registered on the forum and posted the question and circumstances himself.

CR001 wrote:Does his visa state anything else other than 'to join parents'? May 'indefinite leave to enter' or 'ILE'?

It really would probably be easier if your friend registered on the forum and posted the question and circumstances himself.

I know I will tell him tonight to do that if he can. The Visa also says : no recourse to public funds', does this mean anything?

Suzerman wrote:The Visa also says : no recourse to public funds', does this mean anything?

It means no claiming benefits and if it says this then he DOES NOT have ILR.

I

CR001 wrote:

Suzerman wrote:The Visa also says : no recourse to public funds', does this mean anything?

It means no claiming benefits and if it says this then he DOES NOT have ILR.

I think his mother has the ILR and I think he has it through his mother. Is that possibile?

Suzerman wrote:I

CR001 wrote:

Suzerman wrote:The Visa also says : no recourse to public funds', does this mean anything?

It means no claiming benefits and if it says this then he DOES NOT have ILR.

I think his mother has the ILR and I think he has it through his mother. Is that possibile?

He would then have a vignette stating ILR or a BRP card if it was later years. It is something that has to be applied for and is not automatic.