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EEA not working spouse of EEA Naturalised husband

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Trabant
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Posts: 43
Joined: Thu May 18, 2017 9:10 am

EEA not working spouse of EEA Naturalised husband

Post by Trabant » Tue Feb 06, 2018 12:04 pm

Hi.
I am looking for clarification if my understanding of our friend's situation is correct.

She came to uk 3 years ago, she is EEA(Polish) and she never worked or studied here.
She married Polish man (EEA) - but he was naturalised 5 years ago. (When she married him - he was already British).

My understanding is:\
She needed to have Compulsory Health Insurance - as he as a naturalised person can no longer be treated as EEA exercising treaty rights
Because she never had it - and doesn't have one at the moment - is in breach of immigration laws and will not be granted PR in the future based on those years.

Am I correct?
I am asking for an advice as they are separating at the moment and she does not know if she is legal here at all. She is concidering going back to Poland.

Thanks for any help.
Regards

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: EEA not working spouse of EEA Naturalised husband

Post by Richard W » Tue Feb 06, 2018 7:03 pm

Trabant wrote:
Tue Feb 06, 2018 12:04 pm
Am I correct?
No. By the Lounes judgement, for so long as the UK is in the EU, his British citizenship is irrelevant. However, once the couple is divorced, she will need to be a qualified person, unless she can acquire permanent residence before then.

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