Naturalisation for British Citizenship (Concerned)

[vabli]

Please help. I am a family member of an EEA National living in UK since 2006 (Switched UK student visa to Family member of an EEA Citizen in 2009). My EEA citizen wife has been exercising treaty rights On/Off because of our child brought up. I was first given 5 years Resident Permit in October 2009 when she was working as an employed person. After 5 years, in 2014, I was meant to apply for PR but instead I applied for 5 years Resident Permit again because of my wife's gap in work.

My wife started self-employment in 2013 after a couple of years gap since her last employment. On that bases I applied for 5 years residence again but the Home Office refused my application with the objection that I did not provide sufficient self-employment documents for my EU citizen wife. (I had not provided invoices/bills etc.). I was told to leave the country ASAP if I do not have any other ground to live in UK or appeal within 14 days against the Home Office decision. I straightaway attached all the invoices and applied for the reconsideration of application, but I received another refusal with the suggestion to apply with the fresh application instead.

I did not apply for the next 4 months as I was looking for some prefect professional advice to submit the relevant documents to avoid another refusal. I was without any Resident Permit during that time. In the meanwhile my wife got an employment offer which she accepted and quit the Self-Employment to start a new job in June 2015.

I gathered all self-Employment documents and new employment letters for her and applied for the 5 years Family Permit again after 4 months of my first refusal. I was granted 5 years resident card in January 16 valid till 2021.


Since my EU citizen wife had started self-employment in 2013 till she started employment in 2015, so she applied for PR in 2018. The PR was granted to her instantly.

Even though my own application for 5 years Residence permit was refused in 2015 on behalf of my wife’s self-employment insufficient document, but my wife got her PR relying on the same documents. I straight away applied for PR myself as a family member of an EEA national attaching my wife’s PR document, I was granted biometric PR card myself with the naturalisation date in March 2019.

Now I am about to apply for the Naturalisation for British Citizenship in 2 months time but I am concerned if I get refused on good character base since my application was refused and I was without a valid resident permit for few months. Even though my wife was still exercising treaty rights as a self-employment person during that time.

That self-employment was also counted towards her PR but I am not sure how this new Good-Character requirement works. If they consider myself being illegal resident when my 2nd Resident Permit application was refused and I was without a permit for 4 months, I will have to wait for another 8 years before I can apply for the naturalisation.

I am also concerned since my EU citizen wife had gaps in work during last 10 years, can that makes me illegal in UK as a family member of an EEA National.

Please advise me what are my chances to get British Citizenship in this situation.

I will be very thankful for that.

[mtsgill]

If they consider myself being illegal resident when my 2nd Resident Permit application was refused and I was without a permit for 4 months, I will have to wait for another 8 years before I can apply for the naturalisation.

In my opinion, as long as your wife was exercising her treaty rights, you’ll be fine. Residence card is only confirmation of your rights and not a requirement under the EU law. Any refusals under EEA regulations give you two options, one to appeal within 14 days and second to apply again with fresh evidence, in your case you decided to reapply with better evidence so it should not be treated as unlawful stay!

I am sure one of the moderators would shed some light on this.

[vabli]

You are right and that’s what I believe but this good Cheractor requirement is very unpredictable. I had been self-employed myself at the time of my residence refusal in 2015 and I was thinking to declare that I had stopped business actively soon after I was refused my visa until I got the new Resisent permit which I actually did, because mainly good cheractor refusals have objections on working after refusals. But then they might create residence issue or need me to provide evidence for financial support for that time. It’s matter of 8 years so I’m so confused what action shall I take to 100% secure my Citizenship.