EEA family member PR APPLICATION

[Mackg]

Hello all,

I am an Indian citizen married to a Polish citizen . I have been granted EEA FMILY member residence permit almost 5 years ago. This April my 5 years will complete in UK. 2nd year of our marriage my wife lost her job and applied for job seekers allowance as a SINGLE person by mistake for 5 months, and I never knew the concept of benefits and I never applied for my self and now when I am gathering our papers I find out the original concept about it . Under this circumstances I have no idea how to proceed for my PR application, Whether I will be able to apply at all or not ? I am unable to find any answers... What will be the best for us ? I am seeking for help and advice ! Please help us . Thank you !

[noajthan]

Hello all,

I am an Indian citizen married to a Polish citizen . I have been granted EEA FMILY member residence permit almost 5 years ago. This April my 5 years will complete in UK. 2nd year of our marriage my wife lost her job and applied for job seekers allowance as a SINGLE person by mistake for 5 months, and I never knew the concept of benefits and I never applied for my self and now when I am gathering our papers I find out the original concept about it . Under this circumstances I have no idea how to proceed for my PR application, Whether I will be able to apply at all or not ? I am unable to find any answers... What will be the best for us ? I am seeking for help and advice ! Please help us . Thank you !

Not quite clear what's your concern over benefits.

Your wife is your sponsor so for you to have acquired PR she needs to have been exercising treaty rights as a qualified person continuously for 5 years.
Has she done this?

If so you (& she) can apply for confirmation of PR.

Note: any absences from UK (by your or sponsor) must have been kept within prescribed limits to maintain continuity of residence in UK too.

[Mackg]

Thank you for your reply , during lour 5 years of marriage , once my wife claimed Job seeker allowance for 5 months and by mistake she claimed it as a SINGLE person , now I have no idea about benefits or how it works , my concern is while I am going to apply for my PR what effects it will make to my applications? Thanks

[noajthan]

Thank you for your reply , during lour 5 years of marriage , once my wife claimed Job seeker allowance for 5 months and by mistake she claimed it as a SINGLE person , now I have no idea about benefits or how it works , my concern is while I am going to apply for my PR what effects it will make to my applications? Thanks

If your wife has made false representations about her marital status in order to claim benefits then that is a matter for her conscience - and the DWP ofcourse.

The point about your PR is it depends on her exercising treaty rights in UK as wife is your sponsor.
What you do/did in UK is immaterial (as long as its legal obviously).

So does wife have any evidence of exercising treaty rights in UK?
for example by working &/or studying etc, continuously for a 5 year period?
What is her timeline?

[Kaalo1980]

Hi there
The maximum you can apply job seeker allowance is 3 months you need to discuss with someone who has experience dealing with h EU cases

[Mackg]

So does wife have any evidence of exercising treaty rights in UK?

She is living in UK more than 10years, including our 5 years of marriage. During her last 5 years (our marriage time) she has finished last year of her University Degree , and working full-time and currently employed as full time aswell. During Last 5 years she was unemployed for 5 months when she claimed the benefits . which was second year of her marriage.

Please advice , is it possible to apply another residency card again ? and then after two years apply for PR. Please be advice . Thanks.

[Mackg]

Is it possible to get any advice in my case please let me know . Thanks .

[noajthan]

So does wife have any evidence of exercising treaty rights in UK?

She is living in UK more than 10years, including our 5 years of marriage. During her last 5 years (our marriage time) she has finished last year of her University Degree , and working full-time and currently employed as full time aswell. During Last 5 years she was unemployed for 5 months when she claimed the benefits . which was second year of her marriage.

Please advice , is it possible to apply another residency card again ? and then after two years apply for PR. Please be advice . Thanks.

Not sure what you mean by PR in 2 years.

If wife has CSI as a student her student time should count towards acquiring PR.
If working that counts too.

So is there a five year period when you were both married, both in UK and she was student (with CSI) &/or working?
if so, apply for confirmation of PR - for both of you.

I don't know what kind of pickle your wife got herself into with her benefits;
- those chickens may yet come home to roost if she ever applies for privilege of citizenship.

For now focus on confirming PR.

[Mackg]

Thank you for your reply .

We are married for five years . And 1st year of our marriage my wife was in university , 2nd year she claimed benifits for 5 months as a SINGLE peson by mistake . And after she stopped claiming as she got a full time job and still employed full time till now . Both of us stayed in UK for our 5 years .

MY QUESTION IS WHETHER IT WILL MAKE ANY PROBLEM FOR MY APPLICATION FOR PR , AS MY WIFE CLAIMED SINGLE PERSON BENITITS FOR 5 MONTHS DURING THE 2ND YEAR OF OUR MARRIGE?
Also can I again apply for another residency card for 5 years if Applying for PR NOT POSSIBLE FOR ME ?

Thank you so much for going through this ! Please be advice !

[Mackg]

Please someone give me some advice ! Thanks

[noajthan]

Please someone give me some advice ! Thanks

Did you not read my reply already

So is there a five year period when you were both married, both in UK and she was student (with CSI) &/or working?
if so, apply for confirmation of PR - for both of you.

I don't know what kind of pickle your wife got herself into with her benefits;
- those chickens may yet come home to roost if she ever applies for privilege of citizenship

We are not HO employees and caseworkers.

All you can do is apply fully & truthfully.
HO caseworker will assess the case & decide to grant or refuse.
That's it.