EU NATIONAL MARRIED TO BRITISH NATIONAL

[petervang]

Hi, I would like to know about the following as this relates to my relative who is an EU National married to a British National and her circumstances are as follows:

1)Was a studying in the UK for first 3 Years. (2002 to 2004) Qualified in the Uk.

2)Worked in the UK for 3 Years. Got Married in the UK to a British National in 2010, 6 Years Now, have 2
children born in the UK and are British Citizens. currently working and living with husband and children in
the UK. ( Total 13 Years in the UK)

3)She now wishes to apply for British Citizenship. What would the requirements be for her to able to do so.

I believe, she will have to obtain a PR Card initially and thereafter apply for Naturalization after 12 months from the time she gets her PR Card. Hope my understanding is correct.

Secondly, when applying for PR card does she have to fill in the 60 Plus paged form. As I had read somewhere in the forum that the HO is accepting a letter in lieu of the application form for PR Card, along with a payment of £65.00. Hope this is correct.

Is this correct or not, please someone with the appropriate knowledge advice me of the procedure and what evidence & documents would be required for submission of the application by a letter.

Finally, when she is ready to apply for citizenship, will she be required to give a test for English Language (She obtained her degree from a UK university) or test for Life in the UK. Obviously these requirements may change by the time she is ready to apply for her citizenship due to the EU, IN -OUT Issues.

Any information and advice regarding this matter will be highly appreciated.

Kind regards

[secret.simon]

1)Was a studying in the UK for first 3 Years. (2002 to 2004) Qualified in the Uk.

2)Worked in the UK for 3 Years.

Provided she has proof of working, she may have acquired PR in this period. I am not entirely certain if CSI was required for students before 2006.

Which EEA country is she from?

Did she work (even part-time work is fine) for the period that she was a student?

Assuming that she has acquired PR (which does not seem likely),

when applying for PR card does she have to fill in the 60 Plus paged form. As I had read somewhere in the forum that the HO is accepting a letter in lieu of the application form for PR Card, along with a payment of £65.00. Hope this is correct.

Correct.

when she is ready to apply for citizenship, will she be required to give a test for English Language (She obtained her degree from a UK university)

No. UK University degree is sufficient.

test for Life in the UK.

Yes, that is a requirement.

[noajthan]

According to advice in another thread, CSI maybe required when a student unless a student RC was held before 2011.

Otherwise student period may not count towards PR.

As person is married to a BC there is no need to hold PR for further 12 months before applying to naturalise.

An earlier (simpler) version of form can be uaed instead of current 'monster' form & as an alternative to 'going commando' & applying by letter.

[secret.simon]

But, in this case, based on the information in the initial post, the putative applicant does not have PR and so can't proceed further.

Also, if she is a citizen of an A4 country, that may change whether the work period qualifies for PR too.

[noajthan]

But, in this case, based on the information in the initial post, the putative applicant does not have PR and so can't proceed further.

Indeed, but forewarned is forearmed as the devil is in the detail.
And that saving of 12 months wait is one advantage of marriage to a BC (in immigration context).

[petervang]

Thanks to Noajthan and Secret.Simon, for the valuable information & Guidance.

1) As asked by noajthan about her Nationality : She is a Portuguese National

2) She does not have PR card yet : She intends to apply for one now.

3) During her time as Student she did not have RC or CSI.

However, She initially came to the UK as a student, in 2001,completed her studies, qualified and returned to Portugal in 2004. Returned back to UK in 2006 since then she has been working in the UK.

Got Married to a British National in 2009 continued working. She had stopped working for 1 year due to looking after the first child. Thereafter she started working again and presently she has again stopped working due to birth of second child.

She has otherwise completed the last five years working full time except for period when she had lost her job and quit working due to child.

Hope she qualifies on these basis to apply for PR Card.

When applying for her PR will she have to provide all the evidence that she has been working all the time. What sort of documents will she require to submit, are Tax papers sufficient.

Where can we find the old (Simpler) type application form that noajthan has mentioned.

Thanks for all the info Regards

[Richard W]

Got Married to a British National in 2009 continued working. She had stopped working for 1 year due to looking after the first child. Thereafter she started working again and presently she has again stopped working due to birth of second child.

There's case law which suggests that 6 months off for the birth of a child does not interrupt one's status as a worker. However, 12 months might be stretching matters.

How did she keep her residence lawful when the first child was born and she stopped working for a year? It may not matter; I haven't heard of naturalisation being refused on character grounds for unlawful but not illegal presence. (I presume frequent trips abroad will normally keep an EU citizens presence lawful.) I have read on this forum of a lot of apparently unlawful presence by EU citizen wives who think they can just stop working if they are adequately supported by their husbands.

[noajthan]

...

When applying for her PR will she have to provide all the evidence that she has been working all the time. What sort of documents will she require to submit, are Tax papers sufficient.

Where can we find the old (Simpler) type application form that noajthan has mentioned.

Thanks for all the info Regards

Portugese is fine; not an A8/A2 country so no worries about WRS etc then.

Can't quite follow the timeline quoted but here goes...

PR may have been acquired 2006 - 2011.
But was there an interruption due to childbirth (?)
- Worker status may have been retained due to maternity leave.

Or you mention "worked last 5 years" - so is that 2011 - 2016 (?)
Again unclear if qp status was lost due to stoppages.

If person was to be classed as self-sufficient they would have needed to have had CSI for such a period.

Necessary supporting documents are described in the PR guidance & needs to be good if not unimpeachable evidence to back up the application.
Don't give HO any 'wriggle room'.

For old forms, search Gov UK archives - start here:
eea-route-applications/137-pages-eea-ap ... v#p1175013

[petervang]

Thanks to everyone who took time to respond. Basically it seems like: an EU National (Portuguese) who wishes to apply for a Permanent residence certificate HAS GOT to complete a 5 Years Residence period "BY HAVING WORKED ALL THE TIME through out the 5 YEARS," prior to applying for Certificate of Permanent Residence .

If any break in employment, whether due to Job loss or caring for a new born child (for a period of 1 year before starting a new job) or visiting abroad for some time, will NOT be counted for the 5 years period.

Any consideration if the person is married to a British Citizen.

This looks like one has got to look at 5 Years Continuous residence and be WORKING AT ALL THE TIME during 5 years, to qualify for Permanent Residence Certificate/Card. Any reason for NOT being able to work in between would not be considered for to make up the 5 years ?.

This is a bit confusing on my side so apologise to everyone one for the same same question asked in a more understanding manner to myself. Kind regards

[noajthan]

You're on right track.

Yes to exercising treaty rights continuously.
Not necessarily as a worker.

The applicant can switch between categories of 'qualified person'.

For example: as a worker or as a self-employed, jobseeker, student, self-sufficient person.

CSI is needed by students & the self sufficient.

[petervang]

Thank you very much Noajthan for your prompt and very informative reply. I would finally like to find out on the following matters so thereafter I can advice the prospective applicant and her husband about the way forward or backwards concerning the PR certificate. As you mentioned earlier by you, Forewarned is Forearmed.

1) The first 3 Years as Student, at that point there was no requirement for CSI. Upon completion she went to her country of Nationality. 2 years later, in 2006 she returned back to the UK. Is this period of 3 Years washed out towards her 5 years count for PR since the following 2 years were spent in the country of her nationality ?

2) After any job loss and then being a jobseeker, would this also be counted as exercising treaty rights and such period be accepted towards the 5 years count for PR application.

3) As you have mentioned that one can be counted as exercising treaty rights by switching categories as a worker, student, self employed, self supporting, jobseeker, would a combination of these categories be counted towards the 5 years qualifying period for PR application.

4) If one decides to quit working for 12 months period due to child birth, would this out of work period be counted as exercising treaty rights.

4a)If not then can one certify this period as self supporting, using her own savings, (Is Husbands support considered or valid) . Then Can this period be accepted as exercising treaty rights, ofcourse CSI is also required for self supporting. would a Bupa cover during this period be accepted for CSI.

Hope this is my final question on this matter. Though a few questions appear to have been answered earlier but what I am trying to do is combine the situation in the best possible manner and see if this works out to the benefit of the person concerned.

Thank you very much for bearing with me and all the valuable infos provided so far.

[noajthan]

Thank you very much Noajthan for your prompt and very informative reply. I would finally like to find out on the following matters so thereafter I can advice the prospective applicant and her husband about the way forward or backwards concerning the PR certificate. As you mentioned earlier by you, Forewarned is Forearmed.

1) The first 3 Years as Student, at that point there was no requirement for CSI. Upon completion she went to her country of Nationality. 2 years later, in 2006 she returned back to the UK. Is this period of 3 Years washed out towards her 5 years count for PR since the following 2 years were spent in the country of her nationality ?

2) After any job loss and then being a jobseeker, would this also be counted as exercising treaty rights and such period be accepted towards the 5 years count for PR application.

3) As you have mentioned that one can be counted as exercising treaty rights by switching categories as a worker, student, self employed, self supporting, jobseeker, would a combination of these categories be counted towards the 5 years qualifying period for PR application.

4) If one decides to quit working for 12 months period due to child birth, would this out of work period be counted as exercising treaty rights.

4a)If not then can one certify this period as self supporting, using her own savings, (Is Husbands support considered or valid) . Then Can this period be accepted as exercising treaty rights, ofcourse CSI is also required for self supporting. would a Bupa cover during this period be accepted for CSI.

Hope this is my final question on this matter. Though a few questions appear to have been answered earlier but what I am trying to do is combine the situation in the best possible manner and see if this works out to the benefit of the person concerned.

Thank you very much for bearing with me and all the valuable infos provided so far.

1) Yes.
Under EU rules, 6 months absence normally breaks continuity of residence in UK.
A 1 off absence of 1 year may be accepted or else a period of military service.

2) Yes, with adequate documentary supporting evidence.
Note rules have changed recently and HO now plays hard ball with jobseekers after 6 months; (with 'gpow' test & etc)

3) Yes, that quite normal.

4) Yes, it is possible to maintain/retain Worker or self-employed status due to maternity leave.
Not sure about 1 year though - worth digging into that.

4) a) Yes, CSI required,
BUPA may be accepted - I know nothing about BUPA, just depends on the fine print.

[petervang]

Noajthan, Thank you very, very much for your prompt reply and feedback. I hope the Information I have gathered so far , mainly from you and a few other members will enable me to assist and advice the concerned applicant accordingly. May God bless you for the assistance and advice that you are rendering to those in need.

Regards

[noajthan]

You're welcome.
Most members happy to 'pay it forward' if they can.

Keep posting on progress. Good luck.