What after 5 year British Residence Card...?

[Kali2014]

Hi everyone,

Quick question:

I hold a Dutch passport and my wife holds a non-EU passport. She lives with me in the UK and also holds a 5 year British Residence Card, as a spouse of an EEA national.

My question is, what will she apply for when this 5 year residence card expires?

Will she be eligible for a British passport or Indefinite Leave to Remain?

Note: we have a son born in the UK and intend to live and work in the UK.

Thanks in advance!

[badratio]

She can apply for naturalization.

[majamcr]

Actually, after 5 years under EEA rules she can apply for Permanent Residence Card by filling in the EEA4 form. She does not absolutely have to obtain the PR card as the PR status is obtained automatically under EEA rules, but she still might want to do it to facilitate travel and work. 1 year after obtaining PR status she can apply for naturalisation (she does not need the PR card to do this, but in that case she will have to demonstrate her PR status together with her BC application).

Btw, the 5 year count to PR starts at the moment she entered the UK/got married to you (whatever happened later) and not with the issue date of the 5-year residence card.

[Kali2014]

Thank you both!

I had a look at the EEA4 form, and it says:


To qualify for permanent residence, your EEA national family member must normally have exercised
Treaty rights in the UK for a continuous period of five years through employment, self-employment,
study or economic self-sufficiency (including retirement).


What happens if there was a break in this...?

For example, I was a student, and when I graduated, I was looking for a job for nearly 7 months!

Will this affect her PR application form?

[majamcr]

Maybe you can pass as self-sufficient during those 7 months? For that you had to hold CSI (comprehensive sickness insurance) while self sufficient. I believe that you are required to hold CSI during the time as a student as well.

[rosebead]

She can apply for a Permanent Residence card with form EEA4. I personally think it's better to get an EEA4 before applying for naturalisation, only because it costs £900 for a naturalisation application and if the Home Office fails her application because they don't think your proofs of exercising Treaty rights are adequate, she won't get your money back or a right of appeal. An EEA4 costs only £55 and is irrefutable proof of exercising Treaty rights for 5 years which can be submitted for a naturalisation application.

If you had been a student you must provide proof of CSI for you and your wife for the period you were a student to be considered as "exercising Treaty rights". Unemployment of 7 months is fine only if you were made unemployed from a job that you had for over a year and if you had also registered with Jobcentre Plus as being unemployed and was actively seeking work, otherwise you will have lost "worker status" and won't be considered as exercising Treaty rights. You can also exercise Treaty rights as a self-sufficient person - for that you will need to get CSI and have sufficient funds in your bank account.