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EE4

Posted: Tue Sep 27, 2011 11:26 am
by flop
Hi! iam a EU( no- British) married with a no-european, in 2006 we applied for residence card and my husband residence card expired , because of wrong information of a an advice we didn't applied for permanent residence , the adviser told us that: because i only work 6 months during the 5 years residence card , my husband works as self employer an i look after the kids until his residence card expired . The adviser said that my husband can apply for a naturalization after 6 years in the Uk so we don't know what to do now.
can someone help please?

Posted: Tue Sep 27, 2011 11:33 am
by 86ti
For naturalisation you would need to be free of immigration restriction for at least 1 year. In your case this means to have permanent residence. You do not need to explicitly apply for PR but you still have to satisfy the requirements for PR.

Posted: Tue Sep 27, 2011 1:25 pm
by flop
86ti-- thanks .
This means that i can' t apply for naturalisation because i only work 6 months during the 5 years . And my husband is there any chance for him to work again , he still receive calls from employers asking him when he will work again , can he applies for ILR? ( his residency card expired )

Posted: Tue Sep 27, 2011 1:34 pm
by 86ti
Did/do you have comprehensive sickness insurance (CSI)? This is health insurance that self-sufficient persons (and obviously you would have to be categorised as such) need to have to stay in the UK in correspondence with the EEA regulations.

Your husband's status is tightly bound to yours, that is you are the one who needs to exercise treaty rights. Only if you do he and you will be eligible for permanent residence (this is different from ILR). Even if you do not qualify for PR now you may still qualify for a residence card if you exercise treaty rights at the moment of application.

Posted: Tue Sep 27, 2011 3:08 pm
by flop
No i don't have CSI, I can't afford to pay 180£ per month.

Posted: Tue Sep 27, 2011 3:13 pm
by flop
During 5 years my husband pays tax and i pay NI contribUtions class 2

Posted: Tue Sep 27, 2011 3:16 pm
by Lucapooka
That is not relevant. Without having held CSI (for you and your partner) for the five year period of your self-sufficiency (based on his income) then you have no prospect of applying for PR. Unless you start to work, you will need to obtain this cover before he can apply for another residence card.

Posted: Tue Sep 27, 2011 3:36 pm
by flop
If i start work do i still need CSI?

Posted: Tue Sep 27, 2011 4:07 pm
by 86ti
No. A worker would be covered through NHS to which you contribute through taxes and NI payments.

Posted: Tue Sep 27, 2011 4:08 pm
by 86ti
Just a moment: why did you pay class 2 NI?

Posted: Tue Sep 27, 2011 4:27 pm
by flop
Because when i applied for residence permit i was self- employed

Posted: Tue Sep 27, 2011 4:29 pm
by Punjab
its YOU who is a sponser for non-eu so everything depends upon YOU.

you need to show 5 year work history other wise the PR clock will reset...

Posted: Tue Sep 27, 2011 4:33 pm
by 86ti
flop wrote:Because when i applied for residence permit i was self- employed
If you are not self-employed anymore or your business is not viable you will have to find a way to become economically active in such a way that you can claim to be either a worker or self-employed person. At that stage your husband should be able to apply for another residence card.

Posted: Tue Sep 27, 2011 4:57 pm
by flop
thank to all :wink: i think the only option is get a job and apply for another residence card. :roll: