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Permanent resident card for family of British & EEA national

Posted: Fri Apr 07, 2017 1:13 pm
by Tiago1984
Dear All,

First of all, many thanks for the unvaluable support that is being given in this forum to all members.

I'm a Portuguese national that has settled in the UK and acquired British Nationality in April 2016. I'm married to a Portuguese citizen and she has been living in the UK since 2007 and I've been supporting her financially, therefore she didn't work or study in the UK. We both have a daughter that was born in Portugal in 2010 and has been living in the UK ever since.

I'm in the process of applying for a permanent residency card for both my wife and daughter and I'm trying to understand what route to take and looked at the following options:

1) Applying as a sponsor for my wife and child by proving my financial background and that I effectively support my family.

2) My wife applying as self sufficient and include my daughter in the application and submit documents that she is supported by me, however, neither of them have CSI.

I've spoken to the HO helpline for EEA citizens and have been told that without CSI it would be difficult to obtain permanent residency status in the UK for both my wife and child which is leaving me extremely worried.

Any support or suggestions in how to successfully apply and obtain permanent residency status in the UK for my family would be much appreciated.

Many thanks in advance,

Tiago.

Re: Permanent resident card for family of British & EEA nati

Posted: Fri Apr 07, 2017 11:52 pm
by club569
Tiago1984 wrote:Dear All,

First of all, many thanks for the unvaluable support that is being given in this forum to all members.

I'm a Portuguese national that has settled in the UK and acquired British Nationality in April 2016. I'm married to a Portuguese citizen and she has been living in the UK since 2007 and I've been supporting her financially, therefore she didn't work or study in the UK. We both have a daughter that was born in Portugal in 2010 and has been living in the UK ever since.

I'm in the process of applying for a permanent residency card for both my wife and daughter and I'm trying to understand what route to take and looked at the following options:

1) Applying as a sponsor for my wife and child by proving my financial background and that I effectively support my family.

2) My wife applying as self sufficient and include my daughter in the application and submit documents that she is supported by me, however, neither of them have CSI.

I've spoken to the HO helpline for EEA citizens and have been told that without CSI it would be difficult to obtain permanent residency status in the UK for both my wife and child which is leaving me extremely worried.

Any support or suggestions in how to successfully apply and obtain permanent residency status in the UK for my family would be much appreciated.

Many thanks in advance,

Tiago.
Hi,you can't sponsor your family because you are British citizen,so your wife must apply on her own route EEA with daughter as self sufficient person but must have CSI

Re: Permanent resident card for family of British & EEA nati

Posted: Fri Apr 07, 2017 11:54 pm
by vinny

Re: Permanent resident card for family of British & EEA nati

Posted: Sat Apr 08, 2017 11:33 am
by secret.simon
If you were exercising treaty rights since the time of your marriage and five continuous years have elapsed since then and neither your wife nor you have had long absences from the UK, then your current British citizenship would not affect the PR that your wife would have automatically acquired as the spouse of an EEA citizen before April 2016.

So, to help us guide you further, can you provide us with the following information;
a) When did you move to the UK? When did your daughter move to the UK?
b) When did you marry your Portuguese spouse?
c) How did you exercise treaty rights in the UK between the date of your arrival and April 2016 (if by various means, provide breakdown with dates)?
d) Any absences of six months or over for your wife, your daughter and yourself.

Re: Permanent resident card for family of British & EEA nati

Posted: Sat Apr 08, 2017 3:24 pm
by Tiago1984
club569 wrote:
Tiago1984 wrote:Dear All,

First of all, many thanks for the unvaluable support that is being given in this forum to all members.

I'm a Portuguese national that has settled in the UK and acquired British Nationality in April 2016. I'm married to a Portuguese citizen and she has been living in the UK since 2007 and I've been supporting her financially, therefore she didn't work or study in the UK. We both have a daughter that was born in Portugal in 2010 and has been living in the UK ever since.

I'm in the process of applying for a permanent residency card for both my wife and daughter and I'm trying to understand what route to take and looked at the following options:

1) Applying as a sponsor for my wife and child by proving my financial background and that I effectively support my family.

2) My wife applying as self sufficient and include my daughter in the application and submit documents that she is supported by me, however, neither of them have CSI.

I've spoken to the HO helpline for EEA citizens and have been told that without CSI it would be difficult to obtain permanent residency status in the UK for both my wife and child which is leaving me extremely worried.

Any support or suggestions in how to successfully apply and obtain permanent residency status in the UK for my family would be much appreciated.

Many thanks in advance,

Tiago.
Hi,you can't sponsor your family because you are British citizen,so your wife must apply on her own route EEA with daughter as self sufficient person but must have CSI
Thanks for your reply. This is in line with the information that I was given by the HO helpline.

Re: Permanent resident card for family of British & EEA nati

Posted: Sat Apr 08, 2017 3:37 pm
by Tiago1984
vinny wrote:Wait for the upcoming legal challenge.
Good shout! Thanks for your reply.

Re: Permanent resident card for family of British & EEA nati

Posted: Sat Apr 08, 2017 3:47 pm
by Tiago1984
secret.simon wrote:If you were exercising treaty rights since the time of your marriage and five continuous years have elapsed since then and neither your wife nor you have had long absences from the UK, then your current British citizenship would not affect the PR that your wife would have automatically acquired as the spouse of an EEA citizen before April 2016.

So, to help us guide you further, can you provide us with the following information;
a) When did you move to the UK? When did your daughter move to the UK?
b) When did you marry your Portuguese spouse?
c) How did you exercise treaty rights in the UK between the date of your arrival and April 2016 (if by various means, provide breakdown with dates)?
d) Any absences of six months or over for your wife, your daughter and yourself.
Hi secret.simon,

Many thanks for your time in replying to my post.
Please find below answers to my queries:

a) I moved to the UK in 2004. My daughter was born in July 2010 and moved to the UK in August 2010.
b) I married her in July 2007. She moved to the Uk in August 2007.
c) I've exercised treaty rights by working continuously from 2004 to 2016. Since I only had to prove 5 years, I've provided the HO with all my P60s and other documentation from April 2010 to March 2015.
d) No absences for any of us for six months or over.

Many thanks,

Tiago

Re: Permanent resident card for family of British & EEA nati

Posted: Sat Apr 08, 2017 4:22 pm
by vinny
Agree with secret.simon.

It looks like your wife and daughter automatically acquired PR as your family members prior to you becoming British.

Re: Permanent resident card for family of British & EEA nati

Posted: Sat Apr 08, 2017 4:33 pm
by Tiago1984
vinny wrote:Agree with secret.simon.

It looks like your wife and daughter automatically acquired PR as your family members prior to you becoming British.
Hello vinny,

Many thanks for your reply. It seems that this is the only route available for me to apply for a residency card.
Would I still use the PR form for application, and if so, is there anything that I would need to highlight in a covering letter or in the application itself?

Kind Regards,

Tiago