is my wife eligible for PR????

[gravesender]

hi all, i need some advise , i got my PR card in May 2012 , married my wife in june 2012 , our son was born in december 2012 , he's british because i had PR at the time, my wife came to uk in 2010 , never worked 12 months continuosly so doesnt even have temporary residence i believe, she's not been working since giving birth in december 2012, my question is , can she apply for PR on the basis that i have it? im thinking 5 years after we got married, because i had PR at the time of wedding. i see on application form it says
eligibility you must normally have lived in the uk for 5 years as a family member of an eea national qualified person or permanent resident , that would be me right? some people say only if you've been working you can apply, some people say she can apply as my wife, please advise, thank you

[Noetic]

Should be able to apply as family member with you as sponsor but not in her own right UNLESS she had private health cover (CSI) and could qualify as self sufficient (supported by you).

[noajthan]

hi all, i need some advise , i got my PR card in May 2012 , married my wife in june 2012 , our son was born in december 2012 , he's british because i had PR at the time, my wife came to uk in 2010 , never worked 12 months continuosly so doesnt even have temporary residence i believe, she's not been working since giving birth in december 2012, my question is , can she apply for PR on the basis that i have it? im thinking 5 years after we got married, because i had PR at the time of wedding. i see on application form it says
eligibility you must normally have lived in the uk for 5 years as a family member of an eea national qualified person or permanent resident , that would be me right? some people say only if you've been working you can apply, some people say she can apply as my wife, please advise, thank you

I am assuming you are not a dual national and have not yet naturalised as a British citizen.
If you had that would complicate matters.

I am also assuming your wife has never had a UK-issued RC.
Correct me if my assumptions are inaccurate.

If you are not a BC then: Yes, you are correct.

Your wife as your direct family member (dependent) simply has to show she has been resident in UK for 5 years.
(That is assuming any absences she may have enjoyed away from UK were within prescribed limits).
Co-habitation, even for a married couple, is not actually mandatory under EU law either.

Your wife's activities in UK are immaterial as you are her EEA sponsor with PR.

Go for it - in 2017.

[gravesender]

thanks guys, but i can do it after 5 years of being legally married right?? also what does it mean as a sponsor?? is there a different application?? she's hasnt got any health insurance , i havent applied for british citizenship yet, were both polish , and what is RC??

[noajthan]

thanks guys, but i can do it after 5 years of being legally married right?? also what does it mean as a sponsor?? is there a different application?? she's hasnt got any health insurance , i havent applied for british citizenship yet, were both polish , and what is RC??

Yes, after 5 years of marriage: 2017.
(That is assuming you remain married to each other and there's no Brexit).

You are the sponsor because you are the person (an EEA national) who has PR status.

It's the PR application form. Wife is main applicant. Your details are entered in the sponsor's section.

By applying with you as sponsor your wife doesn't need health insurance.

Good that you are not a BC - it saves certain complications.
But once your wife has safely got her PR card then one or both of you could think about naturalising (if you wished to).

A RC is a residence certificate. It is optional but can be issued to an EEA national to confirm their status in UK.
Again its not so important in your case - especially as wife is not working.

[gravesender]

thanks a lot mate, i found 2 applications online eea pr and eea fm, fm one looks more suitable i think, is that the one i need to use? and what is residence certificate??is it different than PR card?? what would it give her??

[noajthan]

thanks a lot mate, i found 2 applications online eea pr and eea fm, fm one looks more suitable i think, is that the one i need to use? and what is residence certificate??is it different than PR card?? what would it give her??

The FM form is actually the one used to apply for a residence certificate.
Yes its different from a PR card. (A PR card can only be applied for after 5 years).

A RC simply confirms the person's status in UK.
For example, if jobseeking an employer might ask to see a RC as proof of right to work.
But for an EEA national, such as your wife, a passport should be enough for that purpose.

As your wife has managed for so long without a RC I doubt she needs one now.
But you can apply for one for wife if you/she wish to do so.
You could use that application (made any time now) as a kind of test that your status as her sponsor with PR is recognised.

The PR form is actually the official form for confirmation of PR.
Its a bit of a 'monster' at 85 pages.
Its not actually a legal requirement to use it; there are earlier (simpler) versions available.