JulietSoul wrote: ↑Sat Aug 26, 2017 4:33 pm
Husband worked for most of this time, however he did spend 1 year as a student doing a PGCE and becoming a teacher. I had no idea I was supposed to have private health insurance during this time, I only read about it now!
I was going to apply for PR in a year. Does that fact that I didn't have CSI for one year mean I can't qualify for PR?
If your husband is to be treated as having held permanent residence while studying, then there is no problem with CSI. The Eind judgement says that he was to be treated as holding permanent residence, but 2016 regulations contradict the judgement. I see three issues here:
(1) Do the 2016 regulations overrule Eind?
(2) If the answer to (1) is 'yes', does Eind still apply prior to the coming into force of the 2016 regulations?
(3) Does residence under the 2006 regulations that counted towards permanent residence still count towards permanent residence under the 2016 regulations?
I think the answer to (3) should be 'yes', but I can't justify my belief. Question 1 will be decided by the courts. I fear the same will apply to Question 2.
One worrying issue is that claims of permanent residence via SS appear to be being subjected to the 'centre of life' test. On the other hand, that might just be because the final period of qualifying residence would naturally come under the 2016 regulations.
Now, the requirement for the family members of a student to have CSI came in in 2015. It is possible that your husband may have ceased to be a student before they came in, in which case the requirement appears not to be an issue at all. In part this depends on the answer to question 3.
The UK government has proposed allowing settled status to family members of 'EU nationals' who have been resident for 5 years or more. The way the proposal is worded, 'EU nationals' would include such dual nationals as your husband (assuming he is still Danish), and you might even qualify in January 2018! Study the new regulations when and if they come out.
JulietSoul wrote: ↑Sat Aug 26, 2017 4:33 pm
In that case, what do I do when my RC expires in Nov 2018?
If you don't qualify for settled status under the new rules, you apply for a new residence card. As it would be under the Surinder Singh rules, is it not at all clear how long it would be valid for.
JulietSoul wrote: ↑Sat Aug 26, 2017 4:33 pm
I am so down and confused right now, I thought I could apply for PR in a year and my citizenship in 2 years, now I am starting to doubt if I want to live here at all, with Brexit and everything.
Actually, as soon as you have your permanent residence card, and the other requirements (English language, LitUK), you are eligible to apply for naturalisation on the basis of 3 years residence and being the spouse of a British citizen.
Indeed, as an Israeli citizen with an enforceable EEA right of entry, if you took a trip to the Republic of Ireland and came back without going anywhere else, you would in theory not need a residence card to apply for naturalisation. By virtue of the regulations for the common Travel Area, you would not be subject to any time limit on the length of your stay in the UK, and you would not be in breach of the immigration laws because of Surinder Singh. However, there may be a secret policy of refusing non-Irish nationals who only qualify for naturalisation because of the Common Travel Area arrangements, in particular the current version of
Immigration (Control of Entry through Republic of Ireland) Order 1972, so you could lose your naturalisation fee if you tried this approach. (I expect this order to be revised before Brexit.) Note that the freedom from any time limit would be lost if you left the Common Travel Area.
