ILR - Spouse got Irish & British Nationality

[nahmed]

Hello All,

I am asking this for a friend of mine.

He has a 5 Year EEA Resident Permit which was applied for him using his spouse's IRISH Nationality. She is also a British National and stayed in Britain all her life but was born in Ireland. My friend overstayed for couple of months so the Lawyer advised to Apply as an EEA dependent which went through successfully.

3 Years back my friend also registered his marriage to a british citizen after asking permission from the Home Office. He however, did not get his visa changed and is still on the EEA permit.

He is a qualified Engineer and works to support his family. They get some working family tax credit on top. His wife doesnt work and looks after their 3 kids.

Now he is due for his ILR and wishes to know his options.

We understand that he obviously can apply ILR via the EEA route. His wife not working during the last 5 years, can that create a problem for him?

Secondly, can he apply for ILR as the spouse of a British Citizen while not being on FLR(M) initially?

Your help would be really appreciated. Moderators/Senior Members, please advise.

I will try to post the questions on the ILR Forum also for seniors there to advise as well.

Thanks in Advance.

[Jambo]

In order to obtain Permanent Residence (the EEA equivalent of ILR), one needs to demonstrate that he was residing in accordance with the EEA regulations for 5 continuous years.

However, if you want to support an application for a residence card by any of your family members who are not EEA nationals, you must demonstrate that you are residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006 and are 'exercising Treaty rights' in the UK. You are said to be exercising Treaty rights if you are:

* employed or self-employed; or
* studying; or
* economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
* a jobseeker; or
* retired; or
* someone who has had to cease working in the UK owing to permanent incapacity.

It seems that his wife is exercising treaty rights as self-sufficient. In that case, they are required to also have a private medical insurance (CSI) for the period the EEA national is self sufficient. Do they have such insurance?

How did the wife exercise treaty rights when he made his application for the 5 years Residence Card? Was she working then or was she self-sufficient then also?

ILR is not possible as he is not on the spouse/ FLR(M) visa.