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Permanent residence for EEA spouse of a dual UK/EEA citizen

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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rob.wieczorek
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Joined: Fri May 08, 2015 9:40 pm

Permanent residence for EEA spouse of a dual UK/EEA citizen

Post by rob.wieczorek » Fri May 08, 2015 9:57 pm

Hi,

I wonder if anyone will be able to assist with the following, as I have spent several hours reading various regulations and guidance notes for EEA(PR) as well as British Citizenship (AN) application forms, and I am confused to say the least!

Here is the situation:

My husband: EEA citizen, naturalized as a British citizen in 2011.

Myself: EEA citizen, moved to the UK in 2005, married to my husband since 2007, worked some of the years but majority of the time (including last 3 years) spent at home (not working) as a full-time mum.

If I want to apply for confirmation of my Permanent Residence or to be naturalized as a British Citizen, both application forms ask if I am an EEA national, and if the answer is yes I need to prove that I have exercised Treaty Rights either:

- as a worker (but I have only worked some of the years, not all of them)
- or as a self-sufficient person
- or as a family member of an EEA national

Here's the problem:

I do not seem to be able to apply on the basis of being a 'worker', as have been looking after our children since 2012 and not working.
I do not seem to be able to apply on the basis of a self-sufficient person, as this apparently requires a comprehensive sickness insurance?! I have never head it, as we have always believed that this was not needed? Our whole family has been using the NHS and never been asked for any comprehensive sickness insurance, so what is this about and does it actually apply to me?
I do not seem to be able to apply as a family member of an EEA national, as apparently dual UK/EEA nationals are excluded?! (see this: https://www.gov.uk/government/uploads/s ... s_v2_0.pdf)

Please can anyone advise what the best route is?

It seems like a big loop hole if EEA nationals who temporarily do not work because they look under children are considered as not exercising their treaty rights even though they live in the UK with their EEA (or even UK, as in my case) spouse?! Are these regulations effectively saying that I cannot obtain permanent residence (or British Citizenship) if I have not had Comprehensive Sickness Insurance covering the last 5 years, even though I am married to a UK citizen?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Permanent residence for EEA spouse of a dual UK/EEA citi

Post by vinny » Sat May 09, 2015 12:02 am

It may be sufficient for you to be a family member, for at least 5 years, of an EEA national, who was exercising threaty rights.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rob.wieczorek
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Posts: 2
Joined: Fri May 08, 2015 9:40 pm

Re: Permanent residence for EEA spouse of a dual UK/EEA citi

Post by rob.wieczorek » Sat May 09, 2015 9:20 am

Thanks for you response, but what about this: http://www.immigrationboards.com/eea-ro ... ml#p924450

Roger666666
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Joined: Tue Aug 18, 2015 5:11 am

Re: Permanent residence for EEA spouse of a dual UK/EEA citi

Post by Roger666666 » Tue Aug 18, 2015 6:11 pm

Hi, what document do I need to apply for PR?
Anybody help please
Specially the people who been to this process???

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
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Re: Permanent residence for EEA spouse of a dual UK/EEA citi

Post by Casa » Tue Aug 18, 2015 6:19 pm

Roger666666 please don't high jack another member's thread, you will need to start your own.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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