EEA citizen on benefits, non-EEA spouse to apply via EEA2

[pochaco]

I have read through the forum and it helped me a lot understand our situation, but I would be very grateful if you could advise me about my concrete problem.

I am an EEA national who came to the UK in February of 2008 and started working immediately.

In May of 2009 I was issued by the Home Office with a Residence Certificate for EEA nationals.

In June of 2009 I fell severely ill and was on Statutory Sick Pay until it ran out at the end of January of 2010.

Since February of 2010 I am on income-based Employment and Support Allowance. I also received Disability Living Allowance and now I am receiving Personal Independence Payment.

In October of 2014 I met a non-EEA woman on a dating site. I visited her in December of 2014. She visited me for a couple of weeks in the UK in March 2015. We got married in her non-EEA country in August of 2015. In November 2015 she came to the UK as a visitor and since then she lives with me. I have informed the Department for Work and Pensions about her presence and about my marriage and I am still waiting for the benefit reassessment form they said they would send me.

My wife did not apply for EEA Family Permit for 2 reasons. 1. In her country there is no British embassy and she could not have obtained a visa to attend an interview in the neighbouring country where the British embassy is located. 2. After reading many horror stories about rejecting EEA Family permits on the base of suspecting marriage of convenience, we thought it would be better applying for an EEA Family member residence card via EEA2 from within the UK, when we are already able to demonstrate cohabitation.

In January 2016 I applied for Permanent Residence Certificate for my myself. In my understanding I have retained worker status as someone who is temporarily incapacitated due to illness. Apart from my wage slips, P60, P60U, bank statements, benefit award letters, utility bills, tenancy agreements, I also enclosed my medical consultant's letter confirming that my health problem, in spite of its long duration, is temporary and I will be able to return to work in the future.

Now, my 2 main questions are:

1. Will I get the Permanent Residence Certificate?
2. If I get the Permanent Residence Certificate, will my wife be able to successfully apply for the EEA Family Member Residence Card given that I am on income-based ESA and PIP?

I appreciate your help and advise. Thanks a lot.

[sandy88]

hi Pochako,

I am not expert in immigration matter. as far as i know, as you are an EEA national you only need to show your 5 years treaty rights in the UK in order to apply for PR.

Treaty rights can be
working, self employed, job seeker and self sufficient
SICKNESS can be calculated if you can produce satisfactory evidence from the registered medical Doctors says you are no longer able to carry out the job due to the illness. According to your post you will be granted PR without any issue.

As you have mentioned your non EEA wife needs family permit to be in the UK, what national is she?
you do not have to be a PR holder as long as you can establish your relationship is genuine and subsisting by providing evidences such as photos, marriage certificate etc..... they can call your wife to attend interview, depends on the case worker.

anyway if you are applying for PR now wait for them to be granted. that will be safer side to prove your treaty rights.

hope my reply helps you a bit.
all the best

Regrds

[pochaco]

Thank you, sandy88.

As to my wife, she doesn't need visa to enter the UK and she can stay as a visitor for 6 month. She didn't apply for EEA Family Permit (this is the document you can only apply for from outside the UK and is valid for 6 months) for the reasons I exposed in my previous post.

In my understanding and according to the legislation as she is my spouse she is automatically free from immigration control, however it would be very difficult to prove this each time she wants to work or register with a GP etc. So once I have the Permanent Residence Certificate for myself, my wife will apply for an EEA Family Member Residence Card (this is the document you can apply for from within the UK and is valid for 5 years).

However, I fear that even if I am granted the Permanent Residence Certificate, the fact that I am dependent on public funds will thwart my wife's application for EEA Family Member Residence Card (EEA2).

[noajthan]

Now, my 2 main questions are:

1. Will I get the Permanent Residence Certificate?
2. If I get the Permanent Residence Certificate, will my wife be able to successfully apply for the EEA Family Member Residence Card given that I am on income-based ESA and PIP?

I appreciate your help and advise. Thanks a lot.

1) Depends on meeting requirements & the quality of your documentary supporting evidence.

2) If you have acquired PR then there is no need for you to exercise treaty rights;
so your economic activity (or benefits) should be immaterial to your wife's application for RC.
Your holding PR should be enough.

[pochaco]

I have just recieved my Document Certifying Permanent Residence. The issue date is Feb 2016, but I calculate that I automatically acquired PR in 2013.

I would like to apply now, before the citizenship application fee goes up in April, and also to secure my situation before the EU referendum.

However, I also need to apply for an EEA Family Members' Residence Card for my wife.

What would happen if my citizenship application comes through before my wife's application for EEA Family Member Residence Card is approved?

Could you advise me on this matter please? Thanks a lot.

[vinny]

There may be complications if you are granted British citizenship before they confirm your wife's RC or PR.

[pochaco]

Yes, probably my wife's Residence Card is more important at the moment. If she gets it and then I successfully apply for citizenship she could also apply for citizenship within 3 years just before her RC expires.

[vinny]

No. ILR or PR is a prerequisite requirement for citizenship. That would take at least 5 years as a family member of an EEA national. Suggest you wait until she is granted confirmation of PR.

[pochaco]

No. ILR or PR is a prerequisite requirement for citizenship. That would take at least 5 years as a family member of an EEA national. Suggest you wait until she is granted confirmation of PR.

I see. Yes, it seems I will have to put my citizenship application on hold for a while.

Next week my wife is going to apply for her EEA Family Member Residence Card. I went through the Home Office Decision Makers' Guide and it does not say anything about claiming benefits by the EEA citizen spouse who holds Permanent Residence. I am still worried though that they might turn down my wife's application saying that even if myself as a Permanent Resident have access to public funds, if she is granted Residence Card she would be a burden on the public because possibly my benefits would go up at least until she finds work.