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Rights of a Spouse of a EU national.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Saviana
Newbie
Posts: 33
Joined: Mon Jun 23, 2014 11:46 pm

Rights of a Spouse of a EU national.

Post by Saviana » Fri Oct 03, 2014 9:11 pm

Dear all,
Thanks for your replies to my earlier posts.

My history:
EEA4 refused (had CSI for 4.5 years instead of 5)
Appealed...(bought new CSI)
Appealed adjourned, no new date yet.
Got dismissed from work coz my COA had expired since my case is still pending.
Applied for new COA, now received.

Question is:
I, the Non-EU national and spouse of a EU national, having worked in the UK for 5 years, paid taxes as an employee, got bills, tenancy agreements, council taxs, NI, etc to prove it.
Can I apply for PR in my own right?

Many thanks.
Saviana.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Rights of a Spouse of a EU national.

Post by askmeplz82 » Sat Oct 04, 2014 7:33 am

only because 5 months short your PR refused? Your EEA family exercised treaty right in the UK as a self sufficient since arrival in the UK ? What documents you send for EEA2 five years ago ?

Can I apply for PR in my own right?

No you can't do that. Your EEA family member need to exercise treaty right not you.
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Saviana
Newbie
Posts: 33
Joined: Mon Jun 23, 2014 11:46 pm

Re: Rights of a Spouse of a EU national.

Post by Saviana » Sat Oct 04, 2014 4:45 pm

askmeplz82 wrote:only because 5 months short your PR refused? Your EEA family exercised treaty right in the UK as a self sufficient since arrival in the UK ? What documents you send for EEA2 five years ago ?

Can I apply for PR in my own right?

No you can't do that. Your EEA family member need to exercise treaty right not you.
@askmeplz82 Thanks, my EEA spouse did exercise treaty rights, i.e. Employed and paying tax returns for more than 5 years (EU spouse has lived in the UK for 20+ years) , joint bank statements, council tax, bills, and just being self sufficient, we both have never been on government benefits. We also had CSI for 4.5 years...
In their refusal they said: they agreed we are self sufficient from our bank statements and bills but we did not have CSI for 5 yrs...
Documents sent 7 years ago, bank statements, CSI, bills, EU spouse prove of employment, marriage certificate...(arrived and applied for EEA2 in 2007, got it in 2008)
When we applied for PR, I did not include the expired CSI...

My main question is: God forbid but if the appeal fails, what are my chances of applying in my own rights since I have been a tax payer since we arrived... ?
We've bought another CSI, what else can we do?
Thanks

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