Using Non-EEA Family member Residence Card to proof Lawful residence for AN

Hello, I hope you can help

I've finishing up my naturalization application but need to make sure I am doing this bit right.

I am a non-EEA family member of a EU citizen (Greek) and moved to the UK in November 2015. At that point I had a Family permit visa to enter here and then applied for a resident card that lasted for 5 years (06/2016-06/2021). This residence card does state type of residence: "Family Member -EU residence" , and remarks: "work permitted". I was then granted settled status in November 2020 under the EUSS. I've been a full time employee since January 2016.

I understand that I still need to proof I was lawful residence for the past 5 years, except for when I had the ILR. So it would be from 2017 to 2020 roughly. My doubt is can I use my residence card as proof of me being a lawful resident? (Adding more things like P60'S and government letter for those years) Or do I still depend on my husband exercising treaty rights so will need to upload his self employment records for 2017 to 2020?

He has been living here for 10+ years and he has been self employed (company director) for the past 5 years. he had a certificate of registration and then got settled status in 2020 under the EUSS as well.

Thanks very much in advance
Best

marygf90 wrote: ↑

Thu Feb 03, 2022 4:00 pm

I am a non-EEA family member of a EU citizen (Greek) and moved to the UK in November 2015. At that point I had a Family permit visa to enter here and then applied for a resident card that lasted for 5 years (06/2016-06/2021). This residence card does state type of residence: "Family Member -EU residence" , and remarks: "work permitted". I was then granted settled status in November 2020 under the EUSS. I've been a full time employee since January 2016.

All good.

I understand that I still need to proof I was lawful residence for the past 5 years, except for when I had the ILR.

My understanding is that what you need to prove is that you were based in the UK. And... I think this has to cover your ILR period (I might be mistaken though.)

So it would be from 2017 to 2020 roughly. My doubt is can I use my residence card as proof of me being a lawful resident?

Again, it's not about proving that you had the right documentation, but that you were actually most of the time in the UK. That's a different matter. What they don't want is someone who got residency papers then went and lived abroad, then comes back just to claim citizenship.

(Adding more things like P60'S and government letter for those years) Or do I still depend on my husband exercising treaty rights so will need to upload his self employment records for 2017 to 2020?

Employment letters from your employers covering that period, where they confirm you were employed by them and that your employment was based in the UK, or P60s for each year covered, are the most robust proof. Since you have Settled Status, no, you no longer need to prove your husband's activities, since these checks have been already established when granting you Settled Status.