EEA PR Advice Needed

[Leo9999]

Hello,
I need some advice please.

I am a French National. I came to the UK as a child in 1983 and in 1989 I was granted ILR*. In 1999 I applied for and successfully became a British National. I now have both French and British nationalities.

I married in 2003 to a Pakistani National, who came to the UK in April 1999, and he received his 5 year visa as a spouse of a French national, as I was advised due to not having British passport, only British nationality, it would be easier to apply through the EU French route, which it was. He was subject to the restriction that he could not access public funds, but myself as a British national, I did as I was not working and had my children in the years 2004, 2006 and 2009.

In July 2008 we applied for permanent residence, but got refused due to my lack of working and claiming benefits and lack of understanding as to how to complete the form required and which paperwork was necessary. We appealed, but due to lack of time and preparation by our representing solicitor, we withdrew the appeal in April 2010. So my husband was without visa or residence permit between April-June 2010 when we again just applied for the 5 year visa in June 2010, which came through in November 2010. In the space between 2008-2010 my husband could not work due to lack of paperwork and if we had requested his passport back, Home Office said this would delay the case.

*Also, I need to mention that in 1989 I was issued an ILR as a stamp in my French passport.I only stumbled upon this whilst my mother was having a clear-out and was about to throw everything away!

After reading thoroughly through the PR Guide and Booklet as well as referring to other online forums and groups, I have come to understand this, but please do correct me if I am wrong:

Due to my 1989 ILR, which represents today's PR, if I were to apply for my husband's PR, I only need to provide our IDs, my 1989 ILR, proof of residence in the UK for the past 5 years, childrens' birth certificates and the completed form with payment. I do not need to submit employment details for the past 5 years.

I have completed the PR form and have added all the supporting documents required. Here is a list:

My French ID card
photos ( 2 x husband, 1 x mine)
Husband's passports (all previous)
My old 1989 passport (with ILR PR stamp)
Marriage certificate
3 x children's birth certificates
My naturalisation certificate
5 year tenancy agreements
5 years tax credit awards letters
5 years council tax bill letters (showing proof of residence and proof of Council Tax Reduction received)
2012-present of rent statements (from local authority which also shows proof of housing benefit received)

I have 2 questions:

1. Is the above list of documents enough? Something is missing or not necessary?

2. My husband has an outstanding County Court Judgement, would this create a problem in his application as this judgement only came about when he was not working during the 2 years of 2008-2010 when we were awaiting outcome from the Home Office?

Any advice is very much appreciated.

Thank you.

Regards,

p.s. have been reading some posts for a while and would love to get a response from seniors in this forum.

[Obie]

I think simply having ILR in 1989 does not mean you resided in the UK as if your were a person under the Regulation, between the period of when you entered and went you acquired.

I believe the lawyer did a bad job and did not assist the tribunal a lot, but simply showing ILR, without showing that treaty rights was exercised during that period in accordance with the judgement in Lassal, will not take you home smoothly.

[Leo9999]

Thank you for your reply.

So if I understand this correctly, you are saying that my ILR from 1989 does not amount to a PR unless I had applied for PR on or after 30 April 2006?

And if it is only ILR that I do have, then how would I go about applying for my husband's PR?

[Obie]

I am simply saying that relying on the 1989 ILR is not safe.

If your parents were exercising treaty rights and you were a family member of them , and you have never been away from the UK for a period of 2 years since then, then you will be fine.

I am not saying that you need to apply for PR under the 2006 regulations, and only if your succeed will your husband qualify. That is not what I am saying, for the avoidance of doubt

[Leo9999]

I am simply saying that relying on the 1989 ILR is not safe.

If your parents were exercising treaty rights and you were a family member of them , and you have never been away from the UK for a period of 2 years since then, then you will be fine.

I am not saying that you need to apply for PR under the 2006 regulations, and only if your succeed will your husband qualify. That is not what I am saying, for the avoidance of doubt

Ok,

I don't think I have been out of the UK more than 2 years.

In this case would the above list of paperwork be enough?

Also, could you please comment regarding my husband's CCJ and if, at all, this would affect his aplication?

Again, thank you for your time.