full-time mum and exercising EC treaty rights

[Megi]

Hi All,

I'll be very grateful, if someone could help me with this.
I came to the UK along with my husband in April 2005. We're both Polish. I stopped working in January 2008 after giving a birth and decided to look after my child and not come back to work.
My husband's been employed and earned enough to support all the family all the time.

We'd like to apply for the citizenship, but I've been staying at home for 5 years now and worked only as a volunteer. Have I actually exercised EC Treaty Rights and acquired permanent residence in the UK?

Am I a worker, but unemployed for 5 years or self-sufficient (I don't have a comprehensive insurance) or maybe I should apply as a EEA member spouse? Anyone can help please?

We've never officially applied for PR.

[Jambo]

Only one family member (your husband) needs to exercise treaty rights. See similar discussion - AN and MN1

[Megi]

Thank you for the quick answer and the link to the similar topic.

I'm still not sure what was the basis I was staying in the UK for the last 5 years though.

Even as a family member of an EEA national (can you tick it when you EEA national yourself?) I'd have to fill 'basis of stay' section. There is no option as 'partner-sufficient' or 'full-time child responsibilities'.

Maybe we should try applying for PR first...

Once more, thanks.

[Jambo]

The form is not very clear but the treaty rights details that you are supposed to fill in in section 2.4-26 are of your husband. Your status depends on your husband activities.

Assuming your husband has worked for 5 continuous years and was registered with WRS for his first year, then there is no much risk applying directly for BC. In other cases, applying first for PR might flush out issues with the evidence without risking the BC fee (PR application is free).

[Megi]

That's right, the form's not clear at all. I've read nearly everything available on the UK BA website, but there's not answer how should I classify myself.

What should I tick in section 2.4: 'Are you an EEA national?' or the second option: 'Or a family member of an EEA national?'. Well, I'm both. Can I tick both?

On page 7 of the guide I found information regarding section 2.4 - 2.6: If you are a national of a member state of the EEA, or the family member of an EEA national, and do not have indefinite leave to remain in the United Kingdom you should complete these section'. It doesn't look like I can leave it blank... I'm really confused.

In the Booklet AN is mentioned on page 9, that as a worker classify a person who's between jobs, for example, women who have ceased employment on becoming pregnant but intend to resume employment at some point after birth. Is it my case, if I stay unemployed for 5 years now? If yes, what exactly should I state? Anyone have an idea please?

I contacted UK BA department responsible for PR and they assured me, that I'm a permanent resident. That's something.

And yes, my husband's been working at the same company for the last 6 years and was registered with WRS, so there's not much risk, if only my situation will be clarified.

[Jambo]

You should tick "family member of EEA national" as you apply based on your husband activities (is he also applying for BC?).

In 2.4 & 2.5 you should provide the details of your husband work. Not yours.

In 2.6 you should provide your husband's WRS details.

With the application you should submit his passport, your marriage certificate, his WRS certificate, 5 P60's to cover continuous 5 years, proof of 5 years of your residence in the UK (annual council tax bills or tenancy agreements or other utility bills). The 5 years required here (for your husband work and your residence) need to end at least one year before you apply so if you apply tomorrow the 5 years need to be the latest (January 2007-January 2012). It can be earlier but not later.

You will also need to pass the Life in the UK test before applying.

[Megi]

Jambo, thank you for your very clear reply! I wish CS Register Office could be as helpful.

Yes, we both want to apply at the same time.

My last question, I hope, is: what about the last 6th year (they ask for stating your activities for the last 6 years). Is it alright not to mention I worked that time?

[Jambo]

What you do in the 6th year is not relevant. Either put your husband activities or your activities. It doesn't really matter.

The reason they ask for 6 years is to try to simplify the question but basically you need to prove 5 years which will end at least one year before applying (as you need to have PR for at least 1 year before applying) so it's 5 years (of work) + 1 year (doesn't matter what you do).

[Megi]

What you do in the 6th year is not relevant. Either put your husband activities or your activities. It doesn't really matter.

The reason they ask for 6 years is to try to simplify the question but basically you need to prove 5 years which will end at least one year before applying (as you need to have PR for at least 1 year before applying) so it's 5 years (of work) + 1 year (doesn't matter what you do).

and that's my problem, because within this last and relevant 5 years I worked for one year (in 2007) and then I didn't 2008-2012.

Do I have to mention this one year of work do you think?

[Jambo]

No. What you did is irrelevant as you are counting on your husband activities.

I would just put in 2.4-2.5 details of your husband activities in the last 6 years. Nothing else.

[Megi]

Thank you!!!

[tomk0410]

Thank you!!!

Dear Megi, we are in very similar situation now. Could you tell us what you finally did and how it worked out for you please.