EE4

flop · Post by **flop** » Tue Sep 27, 2011 11:26 am

Hi! iam a EU( no- British) married with a no-european, in 2006 we applied for residence card and my husband residence card expired , because of wrong information of a an advice we didn't applied for permanent residence , the adviser told us that: because i only work 6 months during the 5 years residence card , my husband works as self employer an i look after the kids until his residence card expired . The adviser said that my husband can apply for a naturalization after 6 years in the Uk so we don't know what to do now.
can someone help please?

86ti · Post by **86ti** » Tue Sep 27, 2011 11:33 am

For naturalisation you would need to be free of immigration restriction for at least 1 year. In your case this means to have permanent residence. You do not need to explicitly apply for PR but you still have to satisfy the requirements for PR.

flop · Post by **flop** » Tue Sep 27, 2011 1:25 pm

86ti-- thanks .
This means that i can' t apply for naturalisation because i only work 6 months during the 5 years . And my husband is there any chance for him to work again , he still receive calls from employers asking him when he will work again , can he applies for ILR? ( his residency card expired )

86ti · Post by **86ti** » Tue Sep 27, 2011 1:34 pm

Did/do you have comprehensive sickness insurance (CSI)? This is health insurance that self-sufficient persons (and obviously you would have to be categorised as such) need to have to stay in the UK in correspondence with the EEA regulations.

Your husband's status is tightly bound to yours, that is you are the one who needs to exercise treaty rights. Only if you do he and you will be eligible for permanent residence (this is different from ILR). Even if you do not qualify for PR now you may still qualify for a residence card if you exercise treaty rights at the moment of application.

flop · Post by **flop** » Tue Sep 27, 2011 3:08 pm

No i don't have CSI, I can't afford to pay 180Â£ per month.

flop · Post by **flop** » Tue Sep 27, 2011 3:13 pm

During 5 years my husband pays tax and i pay NI contribUtions class 2

Post by **Lucapooka** » Tue Sep 27, 2011 3:16 pm

That is not relevant. Without having held CSI (for you and your partner) for the five year period of your self-sufficiency (based on his income) then you have no prospect of applying for PR. Unless you start to work, you will need to obtain this cover before he can apply for another residence card.

flop · Post by **flop** » Tue Sep 27, 2011 3:36 pm

If i start work do i still need CSI?

86ti · Post by **86ti** » Tue Sep 27, 2011 4:07 pm

No. A worker would be covered through NHS to which you contribute through taxes and NI payments.

86ti · Post by **86ti** » Tue Sep 27, 2011 4:08 pm

Just a moment: why did you pay class 2 NI?

flop · Post by **flop** » Tue Sep 27, 2011 4:27 pm

Because when i applied for residence permit i was self- employed

Punjab · Post by **Punjab** » Tue Sep 27, 2011 4:29 pm

its YOU who is a sponser for non-eu so everything depends upon YOU.

you need to show 5 year work history other wise the PR clock will reset...

86ti · Post by **86ti** » Tue Sep 27, 2011 4:33 pm

flop wrote:Because when i applied for residence permit i was self- employed

If you are not self-employed anymore or your business is not viable you will have to find a way to become economically active in such a way that you can claim to be either a worker or self-employed person. At that stage your husband should be able to apply for another residence card.

flop · Post by **flop** » Tue Sep 27, 2011 4:57 pm

thank to all

i think the only option is get a job and apply for another residence card.

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