Immigrationboards.com

Hello everyone,

thanks for this great forum. I would like to submit my case and have some feedback from you guys, if that's possible.

I am an italian man, I came in the UK in 2012 and lived and worked here since. My wife, italian, with my two children, both born in Italy, joined me after 10 months, still in 2012. Since then. never left the country. She decided not to work but to look after the kids for a couple of years. She started working in 2014 here in the UK.
In 2017, I have applied for PRC, got it, then applied for BC, got it. Happy days.

In 2018, my wife and children applied for PRC, but home office rejected the application because we failed to provide evidences that between 2012 - 2014 my wife was meeting the EU Treaty rights, because I failed to properly sponsor her. My wife decided not to appeal, as the EU Settlement scheme was about to start, invalidating the PRC anyway.
So she waited, applied for the EU Settlement Scheme, she got it, along with the kids.

Now, they want to apply for British Citizenship, but we are scared about the PRC application being refused.
As she was living with me between 2012-2014, even if she was not working, she was meeting the criteria of a family member of a Qualified Person (me) exercising EU Treaty Rights.
So we are thinking to write a cover letter where we explain, among other things, that my wife and my children were exercising treaty rights, providing enough evidence (such as my working contract, council taxes, my P60s for a continuous period of 5 years).
However, we do not know if we have to:
1. mention the PRC rejection in the cover letter
2. on the online form, at the question: "Have you applied for immigration before" , what to answer. And if the answer is yes, do we have to put the details of the PRC application?

Any suggestions? what do you reckon are the chances to have the application approved?
Thank you.

Personally I believe you will be ok because you are coming through UK Settled Status. The 2018 PR application was rejected as wife couldn't meet the five years treaty rights, that's just a fact, not impacting "Good Character". If the application was submitted in 2019 it would have been approved without issue due to five years treaty rights completed. And under EEA regulation your wife has reached permanent residence in 2019 anyway because of five years exercise of treaty rights - irrespective of whether you applied for it formally. And now you have UK S S so essentially wife is covered both ways. You can mention the unsuccessful PR application of course but it will have no adverse impact on your application.

Thanks for your reply but the case is a bit more complex. Pr was refused as my wife has by mistake applied as a student, failing to provide CSI for the period between 2012 and 2014.

Also i have another doubt: my wife changed job between in 2017 and she spent 10 days WITHOUT ANY CONTRACT. Will this break continuity of employment requirement?

MorphineJack wrote: ↑

Thu Mar 12, 2020 9:09 pm

Thanks for your reply but the case is a bit more complex. Pr was refused as my wife has by mistake applied as a student, failing to provide CSI for the period between 2012 and 2014.

Still won't be an issue - she has PR now under EEA regulations, though not the card/DCPR, so she should be applying under UK Settled Status.

Also i have another doubt: my wife changed job between in 2017 and she spent 10 days WITHOUT ANY CONTRACT. Will this break continuity of employment requirement?

Also not an issue, either under PR or naturalisation rules which don't require employment as a pre-requisite.