Danish citizen married to UK national & living in UK.

[hgough]

Posting this on behalf of daughter-in-law who is Danish, has lived in UK for approx 20 yrs, been with my son for 15 yrs, had daughter 9 yrs ago & got married 5 years ago.She has a long history of working in UK, with short break after the birth of her daughter.I want to make sure her position in UK is protected post Brexit, but am confused by the different options I've read. She doesn't want to forfeit her Danish passport - is dual nationality the best option for her? If so, how do we start the process? If not the best option, what other route should we go down?

[noajthan]

Yes, dual nationality (http://www.thelocal.dk/20141218/denmark ... nship-bill).

DCPR first, see https://www.gov.uk/government/publicati ... orm-eea-pr

Then naturalisation: https://www.gov.uk/government/publicati ... en-form-an

Finally British passport - form from PO.

[hgough]

Thank you so much. I've spend so much time trawling through websites & articles trying to work out what to do - I should have come here first ! Will start the process straight away.

[alterhase58]

Just a thought, has your daughter-in-law in the early years applied for Residence Card from the Home Office and maybe actually got PR certified after five years? That could help ease things.

[hgough]

Not sure, but she finds anything to do with government paperwork & officialdom very intimidating, so I'd suspect not. I'll check with her over the weekend & will post back.

[ohara]

Denmark has permitted multiple citizenship since 2014, so there's no issue there.

[noajthan]

Thank you so much. I've spend so much time trawling through websites & articles trying to work out what to do - I should have come here first ! Will start the process straight away.

Worth checking early passports; apparently in pre-EU days, (eg pre-2000), migrants sometimes got ILR on entry to UK.
There may be a most valuable stamp in passport from back in the day. If so (and still valid) then DCPR won't be necessary.

[hgough]

OK thanks - I'll check this out with her. Having just scanned through the 85 pages of the DCPR form it would be great if we could bypass that part of the process. Will post back to let you know.

[hgough]

Worth checking early passports; apparently in pre-EU days, (eg pre-2000), migrants sometimes got ILR on entry to UK.
There may be a most valuable stamp in passport from back in the day. If so (and still valid) then DCPR won't be necessary.

Taken a little while to take this forward, but she hasn't previously applied for PR and can't find a passport prior to 2001, so we're going to have to complete a DCPR. Having read through the form there are 2 areas where I'd appreciate more advice - firstly, how important is it to get all dates exactly right for an employment history going back over 20 years, as she's had a number of jobs & we can't think how to get precise dates for everything. Secondly, do we send original documents with the form - passports, driving licence etc, or can we send a certified copy? If originals, do you know approx how long they are retained by the H.Office before being returned? Thank you.

[noajthan]

Taken a little while to take this forward, but she hasn't previously applied for PR and can't find a passport prior to 2001, so we're going to have to complete a DCPR. Having read through the form there are 2 areas where I'd appreciate more advice - firstly, how important is it to get all dates exactly right for an employment history going back over 20 years, as she's had a number of jobs & we can't think how to get precise dates for everything. Secondly, do we send original documents with the form - passports, driving licence etc, or can we send a certified copy? If originals, do you know approx how long they are retained by the H.Office before being returned? Thank you.

Be as accurate as you can.
Month and year if you can't remember exact day.
You can explain in a cogent cover letter where and why there are discrepancies.
Appicant could always contact ex-employers to see what's in their files.

Yes, send originals. Professionally translated if not in English or Welsh.

As applicant is a Union citizen she could avail of the new EEA document checking service (available from certain key councils) and so keep hold of her original docs.
Yes, free movement really can be that free and easy.

[ohara]

You can now apply for DCPR online. It's a new service recently introduced by government.

https://visas-immigration.service.gov.uk/product/eea-pr

It's a step by step thing and at the end, you print out the completed sections (could just be a few pages, certainly not all 85).

There is also an EU passport return service, where you can take all of your documents to a designated agent who will make copies and allow you to keep the originals.

https://www.gov.uk/government/collectio ... rn-service

[hgough]

You can now apply for DCPR online. It's a new service recently introduced by government.

https://visas-immigration.service.gov.uk/product/eea-pr

It's a step by step thing and at the end, you print out the completed sections (could just be a few pages, certainly not all 85).

There is also an EU passport return service, where you can take all of your documents to a designated agent who will make copies and allow you to keep the originals.

https://www.gov.uk/government/collectio ... rn-service

I'll look into both of these. Thanks for the advice.

[hgough]

Be as accurate as you can.
Month and year if you can't remember exact day.
You can explain in a cogent cover letter where and why there are discrepancies.
Appicant could always contact ex-employers to see what's in their files.

Yes, send originals. Professionally translated if not in English or Welsh.

As applicant is a Union citizen she could avail of the new EEA document checking service (available from certain key councils) and so keep hold of her original docs.
Yes, free movement really can be that free and easy.

She did a lot of seasonal / casual work for many years after she first arrived in UK, so not sure if approaching ex-employers is a practical option, but we can explain this in a covering letter as you suggest.
Many thanks for all your good advice.

[noajthan]

She did a lot of seasonal / casual work for many years after she first arrived in UK, so not sure if approaching ex-employers is a practical option, but we can explain this in a covering letter as you suggest.
Many thanks for all your good advice.

Good plan. Onus is on applicant to prove and back up their case with rock-solid supporting evidence.

[hgough]

Good plan. Onus is on applicant to prove and back up their case with rock-solid supporting evidence.[/quote]

We're working our way through EEA(PR) form & have entered my son's details in Section 2 (sponsor) and their marriage details etc in Section 11 which says "complete this section if you are the spouse of the person named in section 2 (your sponsor)"

I've just read an article in online Guardian re Monique Hawkins that says a UK spouse of an EU applicant can't be the sponsor. ".....Hawkins, who has resubmitted an application for permanent residency, said she believed her case drew attention to the “discrimination against EU/UK marriages”. The British spouse cannot sponsor their EU partner and the EU spouse has to apply on their own merits" Guardian Wed 28 Dec 2016.

Has the Guardian reported this correctly? If so, I'm confused as to how to complete section 11 of the form if my son isn't named as the sponsor in section 2. Can you help clarify this for me please?

[noajthan]

If as seems likely son is British then that is correct he cannot sponsor his wife as he is not an EEA national (in EU migration context) and does not really figure in the application.

Surprising as it may seem that is how it is even before Brexit.
However its hardly UK/EU discrimination; the Directive says nothing about UK/EU marriages being agnostic on such matters.
It is the Union citizen who is (supposed to be) enjoying and exercising free movement rights regardleas of any stay at home(country) host memberstate spouse.

Lady in question should apply in her own right.

As she is a Union citizen she is the main (and in this case only) applicant;
simply skip section 2.

[secret.simon]

Correct. A British citizen can not sponsor a spouse (either EEA or non-EEA) under the EEA Regulations. Monique Hawkins is dramatizing it to an extent, as British citizens cannot sponsor even non-EEA spouses under the EEA Regulations. They must be sponsored under the much tougher UK Immigration Rules.

So, your daughter in law will have to qualify on the basis of her own exercise of treaty rights. So long as she has worked (or otherwise exercised treaty rights) for any five continuous years, she should be fine.

Maternity leave of less than a year does not break continuity provided she returned to work or actively sought work within a year of the start of maternity leave. Also absences of up to six months a year from the UK do not break continuity of residence.

EDIT: Overtaken by Noajthan's more detailed response.

[noajthan]

EDIT: Overtaken by Noajthan's more detailed response.

But always a pleasure to read your eloquent prose Simon.

[Maple1]

Correct. A British citizen can not sponsor a spouse (either EEA or non-EEA) under the EEA Regulations. Monique Hawkins is dramatizing it to an extent, as British citizens cannot sponsor even non-EEA spouses under the EEA Regulations. They must be sponsored under the much tougher UK Immigration Rules.

So, your daughter in law will have to qualify on the basis of her own exercise of treaty rights. So long as she has worked (or otherwise exercised treaty rights) for any five continuous years, she should be fine.

Maternity leave of less than a year does not break continuity provided she returned to work or actively sought work within a year of the start of maternity leave. Also absences of up to six months a year from the UK do not break continuity of residence.

EDIT: Overtaken by Noajthan's more detailed response.

You daughter in law can go for the EU residence card as another alternative

[secret.simon]

A possible positive development, but as it is reported in only one source, take with a pinch of salt.

U.K. Considers Promising EU Citizens They Can Stay After Brexit.