Immigrationboards.com

Hi All,

Quick question, I've read all I could but still not clear so would really appreciate an answer.

My wife, an EEA national, is applying for PR. She has been living with me in the UK since 2010. I'm an EEA national and have had PR throughout this time.

Am I correct in thinking that she qualifies for PR under the eligibility criterion: "a family member of an EEA national qualified person or permanent resident", without the need to show comprehensive sickness insurance? i.e. is it sufficient in this case simply to show: 1) we've been married and living together in UK since 2010 (over 5 years) and 2) I've been an EEA national with permanent residence status throughout this time.

She might also be eligible for PR as a "qualified person" (worker), but we'd rather use the simplest route possible.

Many thanks and Happy New Year!

Yes. No CSI.

If you can also prove:

• your ids;
  your relationship;
  your residence in UK;
  any absences (either party) within limits;

Great, thanks!

One other thing, last year I become a British citizen, but we still have over a continuous 5yrs period where we've been living together and I was an EEA citizen with PR. That should not change anything right?

SimonLee wrote:One other thing, last year I become a British citizen, but we still have over a continuous 5yrs period where we've been living together and I was an EEA citizen with PR. That should not change anything right?

The devil is always in the detail.
You may or may not have blown it by naturalising.

A BC cannot normally sponsor family members on EU route; even dual nationals are not treated as EEA citizens in this context.
And yes, that's the case even before Brexit.

However if your dependent had had a RC issued during or before 2012 there is a transitional arrangement (McCarthy) that you can invoke that gets you off the hook.

Does spouse have a FM RC?
And when was it issued?

Yes she has a RC (registration certificate) issued in May 2011. I became a BC in July 2016, before that I had permanent residence as an EEA national only (ILR granted in 2005) and had also been exercising treaty rights as a worker.

I'm confused, if she gained PR automatically before I become a BC and the EEA(PR) application is just to confirm this, then surely it should not matter if the application is sent before or after I gained BC?

SimonLee wrote:Yes she has a RC (registration certificate) issued in May 2011. I became a BC in July 2016, before that I had permanent residence as an EEA national only (ILR granted in 2005) and had also been exercising treaty rights as a worker.

I'm confused, if she gained PR automatically before I become a BC and the EEA(PR) application is just to confirm this, then surely it should not matter if the application is sent before or after I gained BC?

Depends on dates.
If naturalised in 2016 as just stated then yes, you're in the clear.
Assuming spouse's qualifying period is 2010-2015.
If caseworker determines qualifying period as later than that (for some reason - unknown to us) then spouse would still be in the clear due to the ability to invoke McCarthy ta based on that pre-2012 RC.
So all good.

Great thanks for info, makes me feel better

We actually only have evidence as required by HO of living together (joint utility bills etc) from June 2011 to present due to having lost the 2010 folder That still covers over 5 years (June 2011 to June 2016) before July 2016, so hopefully all will be ok - will update on how the application went (in over 6 months!!!).

SimonLee wrote:Great thanks for info, makes me feel better

We actually only have evidence as required by HO of living together (joint utility bills etc) from June 2011 to present due to having lost the 2010 folder That still covers over 5 years (June 2011 to June 2016) before July 2016, so hopefully all will be ok - will update on how the application went (in over 6 months!!!).

Did I mention the devil is always in the detail.
But its clear you are not taking this application for granted despite acquiring your PR already.

It may help to point out the nuances of the application and the significance of the timeline (versus your date of naturalisation) in a cogent cover letter.
Word it carefully so as not to confuse a hard-pressed and time-poor caseworker; make it easy for her.