Advice EEA family permit - permanent residence: confusion who is going to be a sponsor

[Hazel30]

Good afternoon,

I have a question regarding my mum’s Indefinite Leave to Remain application.

At the moment she has a EEA family permit. My husband was a sponsor. He is a French citizen who is exercising the Treaty rights in the UK working full-time for more than 10 years in the UK. My mum and me are non-EEA citizens.

I have a permanent residence card. I had it for more than 1 year and I am planning to apply for the British citizenship.

My question is if I get the British citizenship will my mum be still able to apply for an Indefinite Leave to Remain having my husband as a sponsor despite my newly obtained British citizenship? I am stay-at-home mum, therefore we prefer to have my husband as a sponsor. It is very important question for me as I am not sure now whether I should apply for the British citizenship or not.

Thank you very much in advance,

Best regards,
Hazel

[Zerubbabel]

Hello

Interesting question indeed. I don't see why not she can't apply if she finished the 5 years as EEA family card holder.

She probably used the EAA EFM. What is tested really is the contiuation of the conditions under which the EEA EFM was granted in first place:

- Is your mum still a dependent of your EEA husband?
- Is she still part of the household?
- Is your husband still excising Treaty Rights?

As long as it's a big and demonstrable YES to all of these, it shouldn't be an issue to get her a permanent residence (or Settled under the UE Settlement Scheme).