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Relax, all is not lost.guivier wrote:DearAll,
I am a non EEA national, married to an EEA citizen (Greek). We have been married since 2010 and living in the UK together since then. I was issued a Residence card of a family member of and EEA national back on Feb/2011. This is now due to expire in one week. I understand that I could now apply for permanent residence (EEA PR). My spouse (EEA national) has been working during these past five years. However, for a period of 3 months, she was unemployed and she did not have a Comprehensive sickness insurance for these 3 months (when she was not working, she actually never had one as she has always been working). I would like to state that she was legally employed for the remainder period of time, 4 years and 9 months. Does it mean the EEA PR application will be unsuccessful? If yes what are my options. My spouse is currently working in a fixed term contract for 5 years, which started on Apr 2015 and is due to expire on Mar 2020. I have been working throughout the entire period and have all the relevant documentation to prove it (do not know if it matters). Your opinion will be much appreciated. I look forward to hearing from you.
Best Regards
One would apply as the spouse of a person "present and settled in the UK" (e.g. Immigration Rule E-LTRP.1.2 under 'Family life with a partner' in Appendix FM). However, the normal method for an EEA national to become settled is to acquire permanent residence. If married to (or marrying) an EEA national with permanent residence, I can't think of any advantage in taking the non-EEA family route.Casa wrote:You can't apply as a spouse of a UK national, simply because your spouse isn't British. It makes no difference whether they are settled or not
I just didn't see the first two posts. The third post reads like the start of a thread, so I didn't suspect it wasn't the first post. Thereafter, I was just aiming to correct error, for people in search of answers may start by reading old posts.Casa wrote:So we won't in the OP's case concern ourselves about Irish citizens.
As you'll have found, always wise to read the whole thread.Richard W wrote:I just didn't see the first two posts. The third post reads like the start of a thread, so I didn't suspect it wasn't the first post. Thereafter, I was just aiming to correct error, for people in search of answers may start by reading old posts.Casa wrote:So we won't in the OP's case concern ourselves about Irish citizens.