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Dear experts,

I am a Nigerian national married to a Polish/British citizen. I came to the UK in 2013 as a family member of my Polish husband exercising EU Treaty rights. I received my BRP in 2018 on this basis, as a EEA national's family member. My husband has since naturalised as a BC.
I will submit my application in the coming weeks and I will use the married to a British national 3 year route. Could you please help me with the following questions?

1.) I have a BRP that was issued under European law. Can I take the 3 year route and use this BRP as confirmation of being free from immigration control, or I must use the 5+1 year route because it was granted under EEA law?
2.) Do I need to provide my husband's European passport along the British so they understand how my BRP came about, or that would just confuse them?
3.) My BRP will no longer be valid after 31 December 2020 due to Brexit. Will my application be refused if the decision is not made before 31 December, or as long as I apply this year, I'm good to use the BRP and will not need to apply through the EU settlement scheme?
4.) My passport never got stamped when I travelled to and from the UK. Can I print out my tax record from the HMRC website to prove my presence as I haven't got my P60's any more? If not, can I provide bank statements (e.g.2 per year) to show my presence?
5.) Do I need to prove that my husband was exercising treaty rights (i.e. working) during my qualifying period and that's why I was given a BRP, or they take the BRP at face value and I only need to prove that I was actually present in the UK in the last 3 years?

Thank you for your time and help. It's much appreciated.

walawala wrote: ↑

Fri Oct 09, 2020 5:57 pm

1.) I have a BRP that was issued under European law. Can I take the 3 year route and use this BRP as confirmation of being free from immigration control, or I must use the 5+1 year route because it was granted under EEA law?

Yes - 3 year route as you are married to BC.

2.) Do I need to provide my husband's European passport along the British so they understand how my BRP came about, or that would just confuse them?

No - British passport only and marriage certificate.

3.) My BRP will no longer be valid after 31 December 2020 due to Brexit. Will my application be refused if the decision is not made before 31 December, or as long as I apply this year, I'm good to use the BRP and will not need to apply through the EU settlement scheme?

Yes - apply this year with your PR.

4.) My passport never got stamped when I travelled to and from the UK. Can I print out my tax record from the HMRC website to prove my presence as I haven't got my P60's any more? If not, can I provide bank statements (e.g.2 per year) to show my presence?

Other official documents/letter, such as Council Tax bills, letters from employers, HMRC tax communications, DWP Child Benefit/Pensions, etc. I expect the HMRC listing will be ok. Bank statements are not accepted for residency.

5.) Do I need to prove that my husband was exercising treaty rights (i.e. working) during my qualifying period and that's why I was given a BRP, or they take the BRP at face value and I only need to prove that I was actually present in the UK in the last 3 years?

You don't have to prove your husband was exercising treaty rights.
Were you a student at any time since arriving in the UK? If so did you have CSI?

Thanks very much for your response. I am currently studying at the Open University but I'm working full time. I have been continuously working full time, I only started studying to get a degree.

walawala wrote: ↑

Fri Oct 09, 2020 6:23 pm

Thanks very much for your response. I am currently studying at the Open University but I'm working full time. I have been continuously working full time, I only started studying to get a degree.

The CSI requirement relates to persons exercising treaty rights as "Students" or "Self-sufficient" full-time, so should not apply to you.

alterhase58 wrote: ↑

Fri Oct 09, 2020 6:30 pm

walawala wrote: ↑

Fri Oct 09, 2020 6:23 pm

Thanks very much for your response. I am currently studying at the Open University but I'm working full time. I have been continuously working full time, I only started studying to get a degree.

The CSI requirement relates to persons exercising treaty rights as "Students" or "Self-sufficient" full-time, so should not apply to you.

Yeah, CSI doesn't apply to me. I'm certain of that.

Thank you for your help.

I have a few more questions and I would appreciate for your help, please.

- As explained above, my passport doesn't get stamped when leaving/entering the UK. Would they accept a printout of my P60 as I realised recently my workplace will not send one through the post but it's online?

- Previous addresses. I have been living at the same place for 7 years, however me and my husband had a few problems so I moved out for about 7 months 2 years ago. I didn't declare this temporary address at the time when I applied for my permanent residence card as by the time of the application I already moved back in. Where the form asks about previous addresses, "Have you lived at your current address for 5 years?" - can I say yes as I have but not continuously. Or should I say no but then I would need to mention my temporary address?

Where the forms asks: "Are you a family member of an EEA national who has been issued with a permanent residence card?" - Should I say yes or no?

- Further to this, "Have you been granted indefinite leave to enter, or remain, in the UK?" - That's my permanent residence card, correct? But it's not ILR but a permanent residence card...

- In 2013 my application for a residence card (under EU law) was refused because my neigbour told the immigration officers calling that he didn't see my husband living there with me. We went to court to appeal and won and the residence card was subsequently issued. The form asks about previous immigration applications where I will include there reference number for this, but do I need to say anything further about the rejection and the succeasful court appeal on the form?

Thank you so much...

walawala wrote: ↑

Sat Oct 10, 2020 5:25 pm

- As explained above, my passport doesn't get stamped when leaving/entering the UK. Would they accept a printout of my P60 as I realised recently my workplace will not send one through the post but it's online?

P60s are fine - you'll have to scan them for the application anyway.

- Previous addresses. I have been living at the same place for 7 years, however me and my husband had a few problems so I moved out for about 7 months 2 years ago. I didn't declare this temporary address at the time when I applied for my permanent residence card as by the time of the application I already moved back in. Where the form asks about previous addresses, "Have you lived at your current address for 5 years?" - can I say yes as I have but not continuously. Or should I say no but then I would need to mention my temporary address?

As this is a new application you should include the temporary address.

Where the forms asks: "Are you a family member of an EEA national who has been issued with a permanent residence card?" - Should I say yes or no?

Yes - just double-checking... your card states "Permanent Residence"?

- Further to this, "Have you been granted indefinite leave to enter, or remain, in the UK?" - That's my permanent residence card, correct? But it's not ILR but a permanent residence card...

Yes, essentially you have ILR, under EEA regulations.

- In 2013 my application for a residence card (under EU law) was refused because my neigbour told the immigration officers calling that he didn't see my husband living there with me. We went to court to appeal and won and the residence card was subsequently issued. The form asks about previous immigration applications where I will include there reference number for this, but do I need to say anything further about the rejection and the succeasful court appeal on the form?

All applications should be listed, but I don't believe you need to explain specific circumstances.

Thanks for your quick response.

alterhase58 wrote: ↑

Sat Oct 10, 2020 5:44 pm

Yes - just double-checking... your card states "Permanent Residence"?

YES.

alterhase58 wrote: ↑

Sat Oct 10, 2020 5:44 pm

As this is a new application you should include the temporary address.

If I don't declare it, and they see on my credit file, or wherever that I also had a different address for 7 months, is it going to be seen as deception?
If I declare it, will it not cause issues that I didn't declare it in 2018 when I applied for the permanent residence card? Or they don't cross reference BC applications with previous applications in such depth?

If I don't declare it, and they see on my credit file, or wherever that I also had a different address for 7 months, is it going to be seen as deception?
If I declare it, will it not cause issues that I didn't declare it in 2018 when I applied for the permanent residence card? Or they don't cross reference BC applications with previous applications in such depth?

The onus is on the applicant to provide correct details - it could be seen as deception, or not.
We don't know the complete range of checks caseworkers carry out, but it would be advisable to provide all details correctly, to the best of your knowledge. There certainly haven't been reports of issues arising from inconsistencies in address histories. I seem to recall there were queries from members in the past who had a difficult address history or difficult employment histories but no negative feedback on the resulting decision.