EEA permanent residence - confused

[twgal]

Hi all, I'm a bit confused as to when it's best to apply for permanent residence. I came to the UK with my partner (never married, but with one child). We're both Romanian citizens. When we moved here there were work restrictions on Bulgarians and Romanians, but the restrictions were lifted in January 2014.

Here's the timeline:

• May 2011 - my partner moved to the UK - with a job and a blue card registration certificate
  June 2011 - we (myself and our child) joined him in the UK, and I applied for a blue card registration certificate (as his unmarried partner)
  from Jun-Sep 2011 I worked for an overseas company, but lived in the UK
  September 2011 - I received the blue card (the "dependent" one)
  October 2011 - I started working in the UK
  January 2012 - I applied for and received a new blue card - via the highly skilled route, with me as the main applicant. I did this because the relationship was going downhill and I didn't want to rely on this blue card.

We broke up in December 2012 and we're all still living in the UK to this date, and both worked continuously. He has not applied for PR but from what I know he intends to.

Now, I would like to apply for the document certifying permanent residency card (and subsequently for citizenship) but I'm unsure what is the best route for me, and also when can I apply.

If I count 5 years from June 2011, that means I could apply in June 2016, but I would have to submit all kinds of proofs that we lived together, and that he maintained his status - is that correct? As he was my 'sponsor' from June - December 2011.

If I count 5 years from January 2012 (when I got my blue card - the highly skilled card that's not reliant on him), then earliest I can apply is January 2017, am I right? This route seems easier for me, as I don't have to include his details at all in the application, just mine and the child's.

And finally, I'm unsure when I can apply for citizenship... or rather when it's best to apply. If I apply for PR in January 2012, do I need to wait one more year to apply for citizenship? Or I can apply straight away given the fact that I moved to the UK in June 2011 (but then I have to prove again that my ex partner maintained his status in 2011).

Thank you!

[noajthan]

Hi all, I'm a bit confused as to when it's best to apply for permanent residence. I came to the UK with my partner (never married, but with one child). We're both Romanian citizens. When we moved here there were work restrictions on Bulgarians and Romanians, but the restrictions were lifted in January 2014.

Here's the timeline:

• May 2011 - my partner moved to the UK - with a job and a blue card registration certificate
  June 2011 - we (myself and our child) joined him in the UK, and I applied for a blue card registration certificate (as his unmarried partner)
  from Jun-Sep 2011 I worked for an overseas company, but lived in the UK
  September 2011 - I received the blue card (the "dependent" one)
  October 2011 - I started working in the UK
  January 2012 - I applied for and received a new blue card - via the highly skilled route, with me as the main applicant. I did this because the relationship was going downhill and I didn't want to rely on this blue card.

We broke up in December 2012 and we're all still living in the UK to this date, and both worked continuously. He has not applied for PR but from what I know he intends to.

Now, I would like to apply for the document certifying permanent residency card (and subsequently for citizenship) but I'm unsure what is the best route for me, and also when can I apply.

If I count 5 years from June 2011, that means I could apply in June 2016, but I would have to submit all kinds of proofs that we lived together, and that he maintained his status - is that correct? As he was my 'sponsor' from June - December 2011.

If I count 5 years from January 2012 (when I got my blue card - the highly skilled card that's not reliant on him), then earliest I can apply is January 2017, am I right? This route seems easier for me, as I don't have to include his details at all in the application, just mine and the child's.

And finally, I'm unsure when I can apply for citizenship... or rather when it's best to apply. If I apply for PR in January 2012, do I need to wait one more year to apply for citizenship? Or I can apply straight away given the fact that I moved to the UK in June 2011 (but then I have to prove again that my ex partner maintained his status in 2011).

Thank you!

At face value your option 2 seems best bet. Apply in own right.
Once you acquire PR you have to hold it for 12 months before shooting for privilege of citizenship (as you are not married to a BC).

So you may acquire PR around Jan 2017.
You could think about applying to naturalise early 2018, assuming all other requirements have been/can be met.
(And assuming there's no Brexit or else all bets are off).

Suggest apply for confirmation of PR for child too; if a minor is foreign-born, registration for citizenship can be a little tricky.
Evidence of settled status helps.
(In your circumstances you may find you need sole parental authority of your child too).

Good luck.

[twgal]

Thank you! Yes I thought so too... Jan 2017 it is then for PR, and Jan 2018 for citizenship. I have to start saving money for that

Regarding the child, when I applied for a blue card I got one for the child as well, as my dependent. And yes I will apply for both of us for PR, and later for citizenship.

Why do you mention Brexit? From what I understand it won't affect those EEA who already have PR?

[noajthan]

Thank you! Yes I thought so too... Jan 2017 it is then for PR, and Jan 2018 for citizenship. I have to start saving money for that

Regarding the child, when I applied for a blue card I got one for the child as well, as my dependent. And yes I will apply for both of us for PR, and later for citizenship.

Why do you mention Brexit? From what I understand it won't affect those EEA who already have PR?

Sounds like a plan.
Suggest look at MN1 guidance ahead of time so you can prepare anything you need for your child's registration case.
It will be a section 3(1) BNA registration at discretion of Home Secretary.

There is a lot of uncertainty around Brexit that is all.
But whatever happens will surely take time - look at Switzerland.

[twgal]

Thank you, now you got me worried about my child's citizenship! I've no idea what my ex will do, what if he leaves the UK and doesn't apply for PR/citizenship at all? He seems to want to stay, but has mentioned the possibility of moving abroad in the future.

This is what the guide says:

"Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth (see “Automatic acquisition
of British citizenship” above) to be registered as British citizens as part of a “family
application”. Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK."

[noajthan]

Thank you, now you got me worried about my child's citizenship! I've no idea what my ex will do, what if he leaves the UK and doesn't apply for PR/citizenship at all? He seems to want to stay, but has mentioned the possibility of moving abroad in the future.

This is what the guide says:

"Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth (see “Automatic acquisition
of British citizenship” above) to be registered as British citizens as part of a “family
application”. Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK."

Forewarned is forearmed.

As I mentioned above, you may need to look into sole parental authority/responsibility.

A single parent can certainly achieve this type of registration at discretion for their child.
Demonstrating no contact, no support from other parent can help your case.

You can read chapter & verse about this scenario in detailed HO guidance here:
https://www.gov.uk/government/publicati ... structions

[twgal]

Wow thank you very much; I had no idea about this, I had always assumed that - if I'm eligible for citizenship, my child would be as well.

To be on the safe side I guess I now need to convince my ex to take up permanent residency at least, as the other choice (sole custody) isn't an option, as he is involved in his child's life and we both have parental responsibility/rights.

[noajthan]

Wow thank you very much; I had no idea about this, I had always assumed that - if I'm eligible for citizenship, my child would be as well.

To be on the safe side I guess I now need to convince my ex to take up permanent residency at least, as the other choice (sole custody) isn't an option, as he is involved in his child's life and we both have parental responsibility/rights.

No, UK citizenship is not inherited like that. Your foreign-born child's case will be handled at Home Secretary's discretion.
It can be done (I have done it).

You will have to go through the detailed guidance with a fine tooth comb & yes, get other parent on-side.
In my experience, you have to be both together or else cleanly split; no half-measures.

If all else fails get confirmation of PR.
Looking ahead, an EEA child doesn't have to be a British citizen for things like university/college (in UK).

Best of luck.

[twgal]

Thank you so much, I'm so glad I came on this forum now.

To complicate matters, we all have Canadian citizenship as well... Does that help (or hinder) in any way?

I actually didn't want to apply for UK citizenship at all, but because my child is/will be growing up here, I thought it will be easier in the future for both of us.

So it looks like the PR confirmation is a must have in any case, at least that will allow my child to live and work here in the future.

[noajthan]

Thank you so much, I'm so glad I came on this forum now.

To complicate matters, we all have Canadian citizenship as well... Does that help (or hinder) in any way?

I actually didn't want to apply for UK citizenship at all, but because my child is/will be growing up here, I thought it will be easier in the future for both of us.

So it looks like the PR confirmation is a must have in any case, at least that will allow my child to live and work here in the future.

Being Canadian doesn't really help nor hinder the case. UK is cool with dual (triple) nationality.

Regarding PR, here's a related case you may like to 'subscribe' to & watch developments:
http://www.immigrationboards.com/britis ... l#p1302107

[twgal]

Thank you, I will definitely apply for that document certifying PR for both of us.

Thanks for the link!