PR for EEA national sponsored by British wife

[Science]

Hi All

I am just trying to get my head around PR application for my EEA national husband (and if it is worth apply for or not).

I came to UK as EEA national in 2007 and became British citizen in September 2013. My husband and I have been married since March 2010. He entered UK on Familiy Permit visa in November 2010 and was granted RC in March 2011 (at the time he was non-EEA national - Croatian). In July 2013 he became an EEA national living in UK (when Croatia entered EU).

He would apply for his PR on the grounds of me sponsoring him the whole time since he came to UK on a Family Permit (no other option realy). I have been in continous employment until April 2015 and then quit to look after our young child (also British citizen) due to medical issues. We have enough savings to show I have been able to sponsor my husband since April 2015. None of us ever claimed any benefits (appart from me getting Child benefits since our child was born in 2014).

I am confused if my husband needs to show that he has a private health insurance since April 2015 ? Even if he is married to a British citizen?

Anything else we are missing here for his aplication to be successful?

We have joint utility bills/council tax bills, my p60s, bank statements to support his PR application.

Many thanks for your help and input.

[Casa]

Now that you have British citizenship you can no longer sponsor him under the EEA regulations.

[Science]

What about under McCarthy transitional arrangement? In that case I assume he would need to have a private health insurance from April 2015 , right?

[noajthan]

What about under McCarthy transitional arrangement? In that case I assume he would need to have a private health insurance from April 2015 , right?

McCarthy ta might be invoked as spouse (non EEA) had a RC in 2012.

You might have retained worker status after April 2015 if you were on medical leave.
Suggest digging into that.

You will need doctor & specialists' medical letters & etc as supporting evidence.

Otherwise, yes, if self-sufficient you will have needed CSI in place from April 2015 (for you & dependents).

If spouse has ambition for privilege of citizenship a PR card (confirming proof of PR status) is now a mandatory requirement.

[Science]

Thanks so much for your clarification nojathan. I didn't realise we would all need to have private health insurance but it makes sense.

Will check the medical leave route but not sure if that would be possible since I voluntary quit my job. Thanks though.

[noajthan]

Thanks so much for your clarification nojathan. I didn't realise we would all need to have private health insurance but it makes sense.

Will check the medical leave route but not sure if that would be possible since I voluntary quit my job. Thanks though.

See HO guidance on these vital matters including the topics of self-sufficient category/CSI & on retaining Worker status:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see pages 15 & 23

Temporarily unable to work due to illness or accident
In these cases the applicant must provide medical certificates and a letter from their doctor outlining the reasons for their inability to work and why this is temporary as evidence.

The Upper Tribunal stated in the case of FMB Uganda [2010] UKUT 447 (IAC) that there is no time limit on the definition of ‘temporary’ in relation to applications under the regulations.

They ruled that anything not permanent is considered temporary even if it lasts for a long time.
Therefore if the evidence from the doctor states the incapacity is temporary you must accept this even if the applicant has been unable to work for some time.