PR for stay at home mum married to BC

[ijustdontknow]

Hi there,

I wonder if anyone can help.

My sister is an EEA citizen that has been married to a British Citizen for years but is a stay at home mum. How can she go about getting the Permanent Resident Card for her and her daughter in order to eventually apply for citizenship?

How can she prove treaty rights if she is a stay at home mum?

I would like to use the old forms if possible. Does anyone know if it's EEA1 that needs to be used?

Thanks

[LilyLalilu]

Did she have private health insurance whilst being a stay at home mum? Or did she have a non-UK EHIC or was covered by a private health insurance her husband may have had through his work?

Is the daughter the child of her British husband or from a previous relationship? If she is the child of a British father she should already be British under most circumstances. More details would allow us to better evaluate this.

[ijustdontknow]

No private health insurance before marriage but husbands insurance does cover the whole family since marriage (2011).

The first child was born in the EU country of origin and is not a BC. Subsequent children were born post-marriage and are BCs.

[Richard W]

No private health insurance before marriage but husbands insurance does cover the whole family since marriage (2011).

Assuming a healthy income, mother and daughter (bar caveat below) acquire permanent residence on the fifth anniversary of the marriage.

The first child was born in the EU country of origin and is not a BC. Subsequent children were born post-marriage and are BCs.

I take it from this statement that the child is not the husband's, or there were prior marital entanglements or unusual issues as to domicile. Otherwise, the child would be British, either from the parents' marriage or arguably from birth. (The critical date is born whether before or after 16 July 2006.) If the child is British, it would not acquire permanent residence! (It has right of abode instead, which is superior.)

[ijustdontknow]

Thank you.

So would my sister need to apply using the form EEA1/PR?

The first child is not from the BC so would have be included in the PR application.

[Richard W]

So would my sister need to apply using the form EEA1/PR?

Either use EEA/PR or adapt form EEA3 to enable the payment of the fee.