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It seems Obie already answered your question a week ago - did you see that response?
If I receive carers allowance for caring for my daughter and also receive child tax credit which is in both of our names would that affect my wife’s application for permanent residence if we apply as self sufficient? My wife earns a good salary and we survive on it ,my wife also wife has health insurance.NikiGio wrote: ↑Wed Nov 28, 2018 2:23 pmIt seems Obie already answered your question a week ago - did you see that response?
So you should just go ahead and apply for PR for your wife - the maximum you risk is £65 and time. If you get rejected, suggest you consult a lawyer.
Or you can wait for March for your wife to apply for Settled Status.
If you have more doubts - you should formally consult a lawyer now or the pro-bono lawyers at UKCEN - they give advice over Facebook. Not sure what more can be said about your case.
Hello, we won’t qualify for permanent residence as i wasn’t a qualified person for 5 years continuously. So looking at other options. I called UKVI this morning they told me that it is possible to switch to UK visa as long as we meet the other requirements and that the turnaround times were 8 weeks.JulietSoul wrote: ↑Thu Dec 13, 2018 12:28 pmI think it's possible but I wonder why would you want to do that? The Surinder Singh route is a much quicker and cheaper way of gaining PR and naturalisation.
Great, good luck!mufc69 wrote: ↑Thu Dec 13, 2018 1:48 pmHello, we won’t qualify for permanent residence as i wasn’t a qualified person for 5 years continuously. So looking at other options. I called UKVI this morning they told me that it is possible to switch to UK visa as long as we meet the other requirements and that the turnaround times were 8 weeks.JulietSoul wrote: ↑Thu Dec 13, 2018 12:28 pmI think it's possible but I wonder why would you want to do that? The Surinder Singh route is a much quicker and cheaper way of gaining PR and naturalisation.
Thank you very muchJulietSoul wrote: ↑Thu Dec 13, 2018 2:17 pmGreat, good luck!mufc69 wrote: ↑Thu Dec 13, 2018 1:48 pmHello, we won’t qualify for permanent residence as i wasn’t a qualified person for 5 years continuously. So looking at other options. I called UKVI this morning they told me that it is possible to switch to UK visa as long as we meet the other requirements and that the turnaround times were 8 weeks.JulietSoul wrote: ↑Thu Dec 13, 2018 12:28 pmI think it's possible but I wonder why would you want to do that? The Surinder Singh route is a much quicker and cheaper way of gaining PR and naturalisation.
Hi Simon, is it possible to switch from an EU/UK residence card issued under Surinder Singh to UK domestic law by using FLR (M) if the applicants meet all the requirements set out such as income requirement and English etc?secret.simon wrote: ↑Sat Dec 15, 2018 4:59 pmYou should not have applied for British citizenship so early, but waited until your spouse had completed five years under EU law and acquired PR.
Does your wife have any residence in the UK before 2013/her marriage to you?
Have you formally renounced your original EEA citizenship? I.E. did you write to their Embassy/authorities or apply for a formal document stating renunciation?
Not sure how Lounes interacts with a situation like this. You have undoubtedly acquired PR under EU law and that should persist. However, if you have surrendered your non-UK EEA citizenship, you will no longer be able to sponsor any family member under EU law.
For any of the options that you have listed to apply, the sponsor must be an EEA citizen, except the Surinder Singh route.
I would wait for others to comment, but I think the only way forward may be for the non-EEA spouse to apply under the FLR(M) route as the spouse of a British citizen. S/he will then be eligible for ILR after 5 further years (and another FLR(M) renewal in 2.5 years) and will only be eligible for British citizenship in ten years time (because currently s/he is an overstayer. Her automatic right to reside in the UK ended when you surrendered your non-UK EEA citizenship and will only resume when she gets her FLR(M)).
One of the requirements is that your wife be in the UK lawfully or that it would be unreasonable or infeasible for your British children to depart the UK. If your wife has ceased to be in the UK lawfully, e.g. by your not being 'self-sufficient' and Eind not being valid (or not being relevant), she will depend on the latter provision, Immigration Rule EX.1. I can read the EEA Regulations as saying that a period of your not being as a qualified person or recently arrived EEA citizen terminates rather than suspends your rights under Surinder Singh.
I’m sorry but I don’t understand what you mean?Richard W wrote: ↑Sat Dec 22, 2018 8:51 pmOne of the requirements is that your wife be in the UK lawfully or that it would be unreasonable or infeasible for your British children to depart the UK. If your wife has ceased to be in the UK lawfully, e.g. by your not being 'self-sufficient' and Eind not being valid (or not being relevant), she will depend on the latter provision, Immigration Rule EX.1. I can read the EEA Regulations as saying that a period of your not being as a qualified person or recently arrived EEA citizen terminates rather than suspends your rights under Surinder Singh.
It's OK; I'd misremembered EEA Regulation 9(2):mufc69 wrote: ↑Sat Dec 22, 2018 9:00 pmI’m sorry but I don’t understand what you mean?Richard W wrote: ↑Sat Dec 22, 2018 8:51 pmOne of the requirements is that your wife be in the UK lawfully or that it would be unreasonable or infeasible for your British children to depart the UK. If your wife has ceased to be in the UK lawfully, e.g. by your not being 'self-sufficient' and Eind not being valid (or not being relevant), she will depend on the latter provision, Immigration Rule EX.1. I can read the EEA Regulations as saying that a period of your not being as a qualified person or recently arrived EEA citizen terminates rather than suspends your rights under Surinder Singh.
What do you mean by terminates rather than suspends rights under Surinder Singh?
I was under the horrifying misapprehension that the residence had to be immediately before the period of having a right of residence. An intervening period without having a right of residence would have terminated the rights. Fortunately, I was wrong. I apologise.The conditions are that—
(a)BC—
(i)is residing in an EEA State as a worker, self-employed person, self-sufficient person or a student, or so resided immediately before returning to the United Kingdom; or
(ii)has acquired the right of permanent residence in an EEA State;
(b)F and BC resided together in the EEA State; and
(c)F and BC’s residence in the EEA State was genuine.
Anyone?mufc69 wrote: ↑Tue Jan 08, 2019 8:24 pmHello, I have previously posted although I would like some clarification on my query.
My wife is in the UK (NI) under Surinder Singh, her residence card will expire in May 2019, her permanent residence will be refused as I have not been a qualified person for 5 continuous years as I left work last year to care for my daughter who i receive carers allowance for.
I also hold an Irish passport/citizenship, I would like to know if I was to relinquish my British citizenship could I reapply for a residence card based on my Irish citizenship and as qualified person by exercising treaty rights?
