EEA PR Permanent Resident permit ,please help

[andruscarusu]

Hi everybody,
I am about to submit application for the EEA PR permanent residence for me and my family, all family members are EEA nationals.Main applicant is me as I am the qualified person.
Pretty much I know how to make the application and what documents I need but I need some advice on a few points based on my personal circumstances. I been in UK since 2005 but entered and lived here illegally as non Eu national for about 6 years .In 2011 I have applied for leave to remain and Home Office granted me ,,discretionary leave to remain" for 3 years, based on my previous marriage to a uk citizen.
In 2012 I have gained my european citizenship and european passport and since then living and working in uk as a European Citizen .
Now I don't know what information to include in : residence in uk Section ,from the application form ? Do i need to include the dates in the form from when I entered illegally in uk in 2005? or I can just to enter the dates when i entered UK legally in 2012 as EU citizen ?
Will my time spend in Uk illegally can affect in any way the decision of the application?

Thanks

[noajthan]

Date first entered UK is not a trick question.

There is no good character requirement in EU-related applications.

Have you been a Union citizen for a full 5 years

[andruscarusu]

Hi noajthan

Thanks for the replay. Yes I have been European citizen for little more than 5 years and all 5 years Lived ad worked in Uk as European citizen.

Declaring that I have entered illegally in Uk in 2005 should not affecting decision of the application thats correct ?

Also I would like to ask ,Is my EEA wife has to prove that she been exercising treaty rights for the 5 yeas period or is enough just main applicant to be qualified person?

Thanks

[noajthan]

Hi noajthan

Thanks for the replay. Yes I have been European citizen for little more than 5 years and all 5 years Lived ad worked in Uk as European citizen.

Declaring that I have entered illegally in Uk in 2005 should not affecting decision of the application thats correct ?

Also I would like to ask ,Is my EEA wife has to prove that she been exercising treaty rights for the 5 yeas period or is enough just main applicant to be qualified person?

Thanks

My understanding is that there is case law (Metock) to say that previous immigration status (or no immigration status) is immaterial.

If your wife is your dependent then she did not have to be/does not have to be a qualified person.

To be your direct family member she just needs to prove her id;
Also

• relationship to you;
  residence in UK;
  absences from UK within limits;

[andruscarusu]

Thanks

That's really helped me to clarify my circumstances.I will go ahead with my application and I will share my experience on how I getting on with the whole process.

Best Regards

[andruscarusu]

I am not sure how to fill this section ,if any body can advise me on this please help

17.9 Please state what ties you (or any family members who are applying with you) have with:
• the country where you were born
• any other country whose nationality you hold
• any country where you have lived for more than 5 years

EEA(PR) - Version 03/16 Page 78 of 85
You should tell us about any family friends, or other connections with that country:

[noajthan]

Its quite clear:
You should tell us about any family friends, or other connections with that country.

[andruscarusu]

HI,thanks for your reply

Sorry to be a pain , do I have to put down names of my family and family friends? or just simply state that the the connection with another country are family and friends ?

Also I need help on Public funds section.I have claimed tax credits when my son was born but the way tax credits system works I had to pay back year later because my income gone up considerably.
Now I not sure if thats counts a claiming? if I paying every think back what i have claimed.

[andruscarusu]

Hi all
Please help

I need help on Public funds section.I have claimed tax credits when my son was born but the way tax credits system works I had to pay back year later because my income gone up considerably.
Now I not sure if thats counts a claiming ? if I paying every think back what i have claimed

[andruscarusu]

HI ALL
Please help

Not sure what to put down in this section :Details of the relevant EEA national’s activity, for the 6 years i lived in uk illegally from 2005 to 2011

[noajthan]

HI ALL
Please help

Not sure what to put down in this section :Details of the relevant EEA national’s activity, for the 6 years i lived in uk illegally from 2005 to 2011

You were not EEA at the time.

[noajthan]

Posts merged.
No need for multiple posts on every question - they all relate to same case.

[andruscarusu]

Hi noajthan, thanks to you reply

Please help to clarify my circumstances. I have entered in uk illegally in 2005 and lived here illegally for 6 years.In 2011 i married british citizen and been granted discritionary leave to remain for 3 years as a spouse of a british citizen which expired in 2014.
In JANUARY 2012 i gained European citizenship and got european passport and use the Eu passport since then. Now I don't know what to put down in the section :Details of the relevant EEA national activity from the date entered uk .
Is the time i been illegal in the uk is not relevant to this application ?
Do i need to include the 6 years i lived here illegally in the application or leave it blank ?
How that limited leave to remain i had in my non EU passport can affect this application ?

[andruscarusu]

Hi Noajhan

You are the only person who replied to my posts.Can you please help me to clarify my last post that will help me to finalize my application. I really appreciate you help.
Thanks

[noajthan]

Enter date of first entry.
Explain in a note you were not EEA at the time.

The limited leave has nothing to do with EU route.

Detail your activities in UK since you became EEA national (2012).
Provide appropriate supporting evidence.

[andruscarusu]

H Noajthan I,thanks again and really appreciate
Sorry to be a pain ,Istill confuse what information need to put in this section ?

17.9 Please state what ties you (or any family members who are applying with you) have with:
• the country where you were born
• any other country whose nationality you hold
• any country where you have lived for more than 5 years

EEA(PR) - Version 03/16 Page 78 of 85
You should tell us about any family friends, or other connections with that country ?

Do I have to put down names of all my family and family friends?
Do I have to write I cover letter and explaining what ties and connection i got with my dual citizenships ?

[noajthan]

No don't list everybody.
Just summarise the type of connections you have to each country.

[andruscarusu]

Hi everybody

Just would like to say big thank you to this forum and special to Noajthan for helping me and others.Not a lot of people will share they knowledge without asking for something back. Much respect to Noajthan and the rest of all who helping ordinary people to go through this bureaucratic nightmare.Thanks and good luck to everybody.

[andruscarusu]

Hi again

I have Claimed Child Tax Credits and Working tax credits in the last 5 years ,can this lead to PR refusal ?

[noajthan]

Hi again

I have Claimed Child Tax Credits and Working tax credits in the last 5 years ,can this lead to PR refusal ?

Depends on what type of qualified person you have been.

[andruscarusu]

I am A2 national From January 2012 to March 2013 I have worked as self employed,from March 2013 till current day Employed full time all this for the same company .In 2014 I have claimed tax credits when my son was born but the way tax credits system works I had to pay back year later because my income gone up considerably.
Now I not sure if thats counts a claiming ? if I paying every think back what i have claimed
Also i have claimed taxcredits in 2015-2016 to help with childcare.

[noajthan]

As a worker it should not be an issue.