BC for an A2 member married to a British citizen

[s_anda]

Hi All,

I am Romanian, married to a British citizen since 2007.

After receiving my blue card, I began working, but in 2008 we had a baby born prematurely. I haven’t been able to return back to work as my daughter is severely disabled and I am her carer.

Could anyone please advise me if I would qualify to obtain British Citizenship in these circumstances as I couldn't find an answer yet ?

Thanks.

[s_anda]

Hello again,

Doesn't anyone have any sugestions for me?
Can't get my head around it, as it says in the AN guide that :

"If you are married to or the civil partner of a British citizen you only need to be free from immigration restrictions on the day you apply. If you are from an EEA member state or Switzerland you will be free from immigration conditions if you have been exercising EEA free movement or establishment rights in the UK for 5 years"

and then

"Categories of EEA and Swiss Nationals who may have the right to reside permanently in the UK:
Workers - this includes:
• Job seekers
• Those between jobs (for example, women who have ceased employment on
becoming pregnant but who intend to resume employment at some point after the
birth)
• Those undergoing training in their own or another field
• Sick, injured and retired workers
Self-employed / Business persons
Students
Self-sufficient persons
Retired persons
Incapacity - (i.e. people who are incapacitated / permanently incapacitated and thus unable
to pursue employment)"

Would I be considered as "between jobs", as I do intend to return back to work if/when my little girl will be in full time education?

Any idea would be appreciated.[/i]

[Jambo]

You would be considered between jobs if you are on maternity leave but still on the company payroll. From the sounds of it, you are not between jobs but would rather be considered "Self-sufficient" person. However, in order to be recognised as a self-sufficient person, the HO expects you to have a private medical insurance (CSI - Comprehensive Sickness Insurance) if you are self-sufficient. Without the CSI cover, you will not be eligible for PR after 5 years of residence in the UK and will not be able to apply for BC then.

If you have a EHIC medical card from Romania, that could serve as a CSI proof.

[s_anda]

Hi Jambo,

Thanks for your reply.
As far as I was aware, being on maternity leave(being on the company payroll) would mean that I would be considered employed.

Beeing in beetween jobs would mean: quit one job, have a break(raising a child for ex) then looking for another one.

Those between jobs (for example, women who have ceased employment on
becoming pregnant but who intend to resume employment at some point after the
birth)
Am I wrong??

[Jambo]

As far as I know, although given as an example in the guide for exercising treaty guide as a worker, it is not. If you apply for PR confirmation using EEA3 to the European cases department, I believe your application will be denied. However if the HO nationality team have a different view, it might be worth applying for BC although you are risking losing the £800 application fee.

[s_anda]

Hello again,

I hope it is still okay to continue the conversation here(in the citizensip section) even though I am going to ask a few questions about the PR as an EEA member.

Anyway...i have found in the The Immigration (European Economic Area) Regulations 2006 the following:

".—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(c)a worker or self-employed person who has ceased activity

(f)a person who— .
(i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and .
(ii)was, at the end of that period, a family member who has retained the right of residence. ."

and then

"A worker or self-employed person who has ceased activity” means an EEA national who satisfies the conditions below (regulation 5 of the 2006 Regulations refers).
A person satisfies the conditions if s/he:
• terminates his/her activity as a worker or self-employed person and:
- pursued his/her activity as a worker or self-employed person in the United Kingdom for at least twelve months prior to the termination; and
- resided in the United Kingdom continuously for more than three years prior to the termination.

The conditions as to length of residence and activity as a worker or self-employed person shall not apply in relation to a person whose spouse or civil partner is a United Kingdom national.

For the purposes of this category:
• periods of inactivity for reasons not of the person‟s own making;
• periods of inactivity due to illness or accident; and
• in the case of a worker, periods of involuntary unemployment duly recorded by the relevant employment office,

shall be treated as periods of activity as a worker or self-employed person, as the case may be."

So..what I understand is that I do have the right to reside permanently, on the basis that I would be considered a worker who has ceased employment( I did work for more than 12 months prior to termination and I am the spose of an UK national) and also my inactivity was due to unexpected events.

Is my logic right? What do you guys think?

P.S. Sorry for the long post

[zheni]

s_anda,
my interpretation of the EEA Regulations 2006 on ceasing to exercising treaty rights is that the applicant is prevented to exercise rights because of incapacity or being redundant. Again this is my interpretation, I might be wrong here.

Claiming to be self-sufficient would not lead you where you want to be. You have not registered in that category with the UKBA and most importantly there is the issue with health insurance.

I would advice you to apply for permanent residence, it is free, compared to directly applying for citizenship. Perhaps try to claim the above, ceasing activity due to exceptional circumstances and even if refused appeal it and ask for the Home Secretary to exercise their discretion in such a exceptional case.
Once you get the permanent residence there should not be any problem to obtain citizenship.

[s_anda]

Hi zheni,

Thanks for your reply.
I didn't think that I would qualify as self-sufficient.
I read the part referring to ceasing activity again and realised that it referrs only to incapacity and retirement. So I don't think I can apply on the grounds that I ceased activity.
I am still so confused as there is no option like "ceasing activity due to exceptional circumstances" on the EEA3 form.
There's just..

Employment
Self-Employment
Seeking work
Economic self-sufficiency (including retirement)
Study
Stopped work due to retirement or Permanent incapacity
Temporarily incapacitated
Unemployed or undertaking vocational training

Do you think they would accept/consider me as temporarily incapacitated because my daughter is disabled and I am her carer(=unable to work)??

Otherwhise...if I do not fall into any of the categories above...where does that leave me?? as I do NOT think that i am living here illegaly as my husband and my daughter are British and my little one needs me.

Can anyone enlighten me PLEASE??

All the best, hope you all had a nice Christmas and will have a nice New Year.

[zheni]

s_anda,

The fact that your daughter is disabled does not make you incapacitated as one might say that you could have made some arrangements and continued working. Obviously, it was not possible to do but I am saying there is this argument too.

Could you not claim that you were unemployed? I remember vaguely that the regulations stated something in the lines that to be such an applicant you need to be registered with the Job Centre or receive Job Seekers Allowance.
Is there any way that you could fall within this category?

If, not could you claim to be Seeking work? Check what evidence would you need to prove it and if you can qualify at all.

If, neither of the above apply to you, you might be regarded as not having a continuous 5 yr of exercising treaty rights. What you could do is fill in an application in a few months time as much as you can and write a good cover letter explaining you exceptional situation and asking for a discretion to be exercised. Not everyone will fall within these categories but does not mean that you should not at least apply.

[s_anda]

Hi zhen,

I'm afraid that I will not fall into "unemployed" or "seeking work" category as defined bu them as I wasn't registred with JC nor claiming JSA. I do look at job adverts now and again, but can't prove it as I didn't apply for any(didn't find one to suit my needs).

And...just to have a little rant.. JSA is a benefit that is a lot more that Carer's Allowance. So...why beiing on JSA for 5 years is fine with them(considered as excercising treaty rights), but being a full time carer is NOT???

Anyway, will definitely apply for PR in a few months' time and post the resullt on here.