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Application for PR - dual national (British) spouse/sponsor

Posted: Wed Jun 29, 2016 12:20 pm
by Res
Hello, all.
Last year I became a British citizen, I'm from Romania same for my wife. She came in 2007 and worked as self-employed until December 2011. We got married in august 2011 and she applied for a blue card, completed the 12 months on the same employer and carried on working until march 2015. Since then she looks after our children (both born here and British citizens). I'm really confused how to apply, can she apply for residence card based on her work or with me as a sponsor?
Thank you

Re: Application for PR - dual national (British) spouse/spon

Posted: Wed Jun 29, 2016 11:20 pm
by Richard W
Legally, the clearest basis would be based on her work as self-employed and then employed.

This can definitely be supplemented with a period, before your naturalisation, with you as sponsor, if some of the evidence of her self-employment is weak.

Whether you can be counted as her sponsor after you naturalised is not clear. On a literal reading of the McCarthy transitional arrangement (Schedule 3 of the Immigration (European Economic Area) (Amendment) Regulations 2012), your wife qualifies. I say it would be better not to rely on this interpretation.