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Hi , I need advice please. I have dual nationality Bulgarian and British. I married my husband back in 2011 and he is Brazilian. We consulted a solicitor in London back then and he advised we have a choice either he marries me through my Bulgarian passport and takes 5 yrs permit or through my British passport but he will need to travel to Brazil for that and apply from there. We married through my Bulgarian passport and he took 5 yrs family permit. Now we have to apply for this EEA PR card and I called immigration to ask a few questions about the application. So we have 2 problems...they told me he should not have married me through my Bulgarian passport as I am British for them so that will be a problem now (after he has lived here with me for 5 years) and second my husband was sick in the first 2 years of marriage so I worked but also claimed some housing benefit and council tax benefit as I couldn't pay all with my salary. They now say I should not have applied for benefits as as a Bulgarian citizen I had no right to apply. But I applied for the benefits as a British citizen not as a Bulgarian because I have 2 passports. Now I don't know what to do and we have contacted the lawyer again and he says he can do the application for us which will cost 2000 pounds. I need advice what to do and do you think we can be refused on the basis i claimed benefits, BY the way I never claimed income support or anything like that just housing benefit and council tax benefit. Thanks

Did your spouse have a UK RC issued before 2012?

If so there is a transitional arrangement that can be invoked that means you can still be treated
as an EEA national and be a sponsor for spouse.

Not sure about benefits but maybe they can be treated under British passport.

So main thing to check is if spouse had that RC.

What is RC? He was given 5 years family permit in June 2011

In my mind I was thinking this application will be straight forward. Would you advise that I pay solicitor to do this application for us as I worry if we apply ourselves and we get refused then might cost me more to appeal. If I apply by myself do I need to submit cover letter or anything to explain about these 2 issues?

ivetalopes wrote:What is RC? He was given 5 years family permit in June 2011

RC is residence card - valid for 5 years.

Its not a permit (family permit) which would only be valid for 6 months.

If spouse has the correct RC you can use the transitional arrangement and apply for confirmation of PR under EU rules.

You should mention this (McCarthy transitional arrangement, 2012) clearly in the application so caseworker is fully aware and does not overlook it.

Your next problem may be how to spend the £2000 you have just saved.

ivetalopes wrote:In my mind I was thinking this application will be straight forward. Would you advise that I pay solicitor to do this application for us as I worry if we apply ourselves and we get refused then might cost me more to appeal. If I apply by myself do I need to submit cover letter or anything to explain about these 2 issues?

Assuming all other requirements have been met (eg no gaps in you exercising treaty rights, any absences from UK within limits) it should be straightforward.

Any application will succeed or fail depending on the quality of supporting evidence to back your case.
You just need to be organised and pay attention to every detail.

But in the end its how comfortable you are.
Many people apply without a solicitor.
This forum is a good source of support every step of the way.

Yes he has a residence card in his passport valid for 5 yrs and it will expire in June 2016. Shall I write a cover letter explaining about this?

ivetalopes wrote:Yes he has a residence card in his passport valid for 5 yrs and it will expire in June 2016. Shall I write a cover letter explaining about this?

Yes, or mention in 'additional info' section of PR form.
Quote: McCarthy transitional arrangement,
2012.

Ref: https://www.gov.uk/government/uploads/s ... w_v2_0.pdf

Thanks for your replies much appreciated.

I have no gaps in employment and we haven't really travelled apart from 28 days holiday to Brazil this year.

So as I am not a solicitor how would you advise me to write about this (transitional arrangement and apply for confirmation of PR under EU rules) in my cover letter and how to explain why i claimed benefits? Not really sure how to word this? Also when submitting documents about self sufficiency its is provide at least one of the following:

payslips
bank statements
pension benefits
etc.

If I provide all payslip for this 5 years is that enough? I don't know how to print bank statements for each month for 5 yrs....I will need a huge box to send all that paperwork in?

It says provide at least one of those proofs so means if i submit just the payslips should be ok? And also should i submit both mine and my husband's? Thanks

ivetalopes wrote:Thanks for your replies much appreciated.

I have no gaps in employment and we haven't really travelled apart from 28 days holiday to Brazil this year.

So as I am not a solicitor how would you advise me to write about this (transitional arrangement and apply for confirmation of PR under EU rules) in my cover letter and how to explain why i claimed benefits? Not really sure how to word this? Also when submitting documents about self sufficiency its is provide at least one of the following:

payslips
bank statements
pension benefits
etc.

If I provide all payslip for this 5 years is that enough? I don't know how to print bank statements for each month for 5 yrs....I will need a huge box to send all that paperwork in?

Just state spouse has RC (issued x/xxx/2011) so McCarthy transitional arrangement applies and you are EEA sponsor.

Don't discuss benefits in your cover note.

As a worker suggest submit your annual P60 tax documents and a few sample wage slips.

If your passport has been stamped in/out of UK that can help prove residency.

ivetalopes wrote:It says provide at least one of those proofs so means if i submit just the payslips should be ok? And also should i submit both mine and my husband's? Thanks

Your husband does not have to prove treaty rights.
He just has to show his id, marriage to you, residency in UK.

Note if you have ambitions for privilege of citizenship you will now need a PR card too (due to recent rule change).
So you could apply together on same form.

Further note: the current PR form is a monster but its not a legal requirement to use the latest form.
You can use an earlier (simpler) version if you wish.

HI which passport are you referring to? My husband's passport was stamped in the UK.

When submitting the application should i send them by Bulgarian passport or both British and Bulgarian?

So the section which asks whether I have claimed benefits...should i say no or yes on the actual application?

ivetalopes wrote:HI which passport are you referring to? My husband's passport was stamped in the UK.

When submitting the application should i send them by Bulgarian passport or both British and Bulgarian?

So the section which asks whether I have claimed benefits...should i say no or yes on the actual application?

Probably send all passports as they can help prove residency.

I'm not sure questions on benefits are required under EU law.
As mentioned above, you don't have to use latest form.

Note if you have ambitions for privilege of citizenship you will now need a PR card too (due to recent rule change).So you could apply together on same form.
I did not understand this? WE are now applying for the permanent residence card right and a year later we were told he can apply for British citizenship. Are you saying he can apply for citizenship and this card now on one form?
Also where can I find an earlier simpler version of this form do u know?

ivetalopes wrote:

Note if you have ambitions for privilege of citizenship you will now need a PR card too (due to recent rule change).So you could apply together on same form.

I did not understand this? WE are now applying for the permanent residence card right and a year later we were told he can apply for British citizenship. Are you saying he can apply for citizenship and this card now on one form?
Also where can I find an earlier simpler version of this form do u know?

Your initial post wasn't clear on whether you were both applying or just your husband.

You are correct, apply for PR card on or after your 5th wedding anniversary (assuming you were both in UK from or before your marriage).
Once you have held PR status for 12 months you can apply for citizenship.

You can find some links to old forms here (or just google Gov UK archives):
eea-route-applications/137-pages-eea-ap ... v#p1175013

I am British ...only my husband is applying as he is the non EEA national.

So can i confirm ...he doesn't need to provide any supporting documents apart from the 3 you mentioned? He doesn't need to show self sufficiency or anything else?

I have used your link but there is so much on there. I also googled it and found article which says you can use older form EEA 1 form? Is that correct ?

ivetalopes wrote:I am British ...only my husband is applying as he is the non EEA national.

So can i confirm ...he doesn't need to provide any supporting documents apart from the 3 you mentioned? He doesn't need to show self sufficiency or anything else?

Yes I forgot you were British.

Follow the guidance on what's required but what the dependent does in UK is immaterial (as long as its legal);
the non-EEA person doesn't have to exercise treaty rights as he is sponsored by the sponsor.

Note: As you are British, spouse does not actually have to wait a further 12 months to apply to naturalise once he has the PR card;
(assuming all other requirements for citizenship have been/can be met).

ivetalopes wrote:I have used your link but there is so much on there. I also googled it and found article which says you can use older form EEA 1 form? Is that correct ?

Correct.

Here is one:
http://webarchive.nationalarchives.gov. ... /eea41.pdf

Hi thanks for your answers so far ....you really helped me

I have printed the EEA4 form which you gave me but I will follow the guidance notes from the new form correct? I also need to give his biometric information plus pay the correct fee. So I will use just the relevant pages from the new form to pay the fee and to provide biometric information but apart from that I can use the older form you gave me right?

Also to confirm this Surinder Singh route doesn't apply in our case right?

And I noticed the EEA 4 form doesn't mention anything about benefits. Doesn't ask if i claimed any benefits

ivetalopes wrote:Hi thanks for your answers so far ....you really helped me

I have printed the EEA4 form which you gave me but I will follow the guidance notes from the new form correct? I also need to give his biometric information plus pay the correct fee. So I will use just the relevant pages from the new form to pay the fee and to provide biometric information but apart from that I can use the older form you gave me right?

Yes, best to use latest guidance notes. They are quite clear.

Yes, you have to add biometrics information and pay correct fee.

ivetalopes wrote:Also to confirm this Surinder Singh route doesn't apply in our case right?

And I noticed the EEA 4 form doesn't mention anything about benefits. Doesn't ask if i claimed any benefits

Correct. It's a generic form - as the SS route doesn't apply to you just skip that part.

HO guidance states that, in order to apply for confirmation of PR, an older form is acceptable so you can just fill in the relevant questions that it asks on the form you are using.

If HO happens to have any queries, on any aspect of the application, they may, in any case, write to you later.

Excellent....you are a star..thank you very very much

I will start the process. Can i contact you again later on if I get stuck anywhere? PM you maybe?