PR related - 6mth gap in work / no insurance whilst studying

[chrisd]

My wife and I are EEA nationals (Romanian citizens) and we would like to apply for PR (Permanent Residency), we called HO today and we were advised that my wife has to fill in a separate form. So each one of us has their own form.

Now. I can prove I've exercised my Treaty rights continuously for the past 5 years, and have prepared all this period with payslips, bank statement, other proof of address papers, etc.

On the other hand, my wife can't prove this mainly because she has been a student at some point back in 2011 but we had no idea she needs a comprehensive sickness cover policy, therefore it won’t be accepted.

And also because she was out of work for a period of 6 months despite looking for work, which we can prove with various emails sent to recruitment agencies, employers, etc.

Does our application stand any chance? Assuming I will get the PR and she will get refused, can't she apply on this basis, as my wife?

[noajthan]

My wife and I are EEA nationals (Romanian citizens) and we would like to apply for PR (Permanent Residency), we called HO today and we were advised that my wife has to fill in a separate form. So each one of us has their own form.

...

Does our application stand any chance? Assuming I will get the PR and she will get refused, can't she apply on this basis, as my wife?

Suggest apply in your own right as main applicant.
Include wife as your family dependent - apply on one form.

(Assuming you have been residing in UK during relevant time and have been been married all this time; also assuming no prolonged absences from UK).

[chrisd]

We called Home Office today and they said that unfortunately, because my wife is also an EEA citizen, she can't apply as my dependant?

[LilyLalilu]

We called Home Office today and they said that unfortunately, because my wife is also an EEA citizen, she can't apply as my dependant?

Don't trust the helpline. Of course you can be her sponsor and she can apply for PR through your activities.

[noajthan]

We called Home Office today and they said that unfortunately, because my wife is also an EEA citizen, she can't apply as my dependant?

Rule #1. Don't call helpline.
Rule #2. Take helpline answers with pinch of salt.
The responses are notoriously unreliable and advisors cannot be held accountable for decisions you take on their often flawed advice.

You are covered by EU law and the Directive - get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

You will notice even the PR application form has a section for family members!

Eligibility
You must normally have lived in the UK for a continuous period of five years as:
an EEA national ‘qualified person’ (worker, self-employed, self-sufficient, student or jobseeker),
a family member or extended family member* of an EEA national qualified person or permanent resident,

And see the examples in HO guidance here - including for EEA family members:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Now call helpline back & tell them what you think of their 'advice'.

[chrisd]

Thank you both very much for your replies and help.

You must be right and we will ignore their advice. We also have been badly advised in the past by the Home Office, when we applied for blue cards.

[chrisd]

But where would I add her? I am getting really confused now.

The EEA PR Guidance notes, section 5, says:

"If you’re applying as the spouse, civil partner or durable partner of the sponsor, you must show
you’ve been living together – see notes for section 11 below. "

Fair enough. On the EEA PR form:

Page 24, checking this:

"I am or have been the spouse, civil partner, or unmarried or same-sex partner of the sponsor.
Complete section 11."

OK. Now on section 11, it says:

"Complete this section if you’re applying for a document certifying permanent residence or
permanent residence card because you are (or were) the spouse, civil partner, or durable partner
of the person named in section 2 of this form (your ‘sponsor’). "

So, I've already completed Your personal details - page 8 - and Applicant's details - page 15 - with my details.

Do I now complete section 2 with the same details, given the fact I will declare I am/was her sponsor?

Thanks in advance!!

[noajthan]

If you're applying, you are the main applicant.
Add wife as family member.
Skip section 2 - you don't need it as you don't have a sponsor.
Somplete sections 5, 9,16,17,18,19 as per page 23.

Maybe spouse fills in #11 but it doesn't make sense to fill in section 2. Main applicant (you) doesn't have a sponsor.

[romanokun]

I have read the topic. Let me add something to this discussion. I would like to discuss the advice given.

You suggested that chrisd need to fill in the section 1, 5, 9,16,17,18,19, include his wife (so did you mean just add her into section 1C, right?) and maybe to include section number 11 for his wife.

But I wonder is it really enough as Section 5 states (Page 28):

"If you’re including ANY FAMILY MEMBERS in this application, make and complete a copy of this section for EACH family member, enclose it with your application, and clearly write the name of the family member in the space provided."

Let's go further

Page 75, Section 17 states:

"Have you (OR any family members who are applying with you) been convicted of any criminal offence in the UK or any other country?"

This makes me think that Section 5, Section 17 (In addition to Section 11) needs to be filled out as well for the wife. Or do I understand something wrong?

Still it is unclear about Comprehensive Sickness Insurance. If a wife is supported by her husband does she really need to have it? As I understand the requirement is only in case a person is supported by someone who is not a close relative or if the person is living on savings (it is still unclear in this case when the period of self-sufficiently starts - after 1 month? 6 months of living on savings after last job had ended?).

And one more interesting thing. Generally if a family member is applying. For instance like in chrisd's case. A wife can apply like a separate applicant (fill in Section 1, 2, 5, 9, 11, 16,17,18,19) and put his spouse as a sponsor. In this case she will get a DCPR. The other option is if a husband include his wife in his application. In this case she will get DCPR as a family member. For me it sounds better to have a separate DCPR document, rather then DCPR family member document. Better for example if family splits in future.

[noajthan]

Still it is unclear about Comprehensive Sickness Insurance. If a wife is supported by her husband does she really need to have it? As I understand the requirement is only in case a person is supported by someone who is not a close relative or if the person is living on savings (it is still unclear in this case when the period of self-sufficiently starts - after 1 month? 6 months of living on savings after last job had ended?).

And one more interesting thing. Generally if a family member is applying. For instance like in chrisd's case. A wife can apply like a separate applicant (fill in Section 1, 2, 5, 9, 11, 16,17,18,19) and put his spouse as a sponsor. In this case she will get a DCPR. The other option is if a husband include his wife in his application. In this case she will get DCPR as a family member. For me it sounds better to have a separate DCPR document, rather then DCPR family member document. Better for example if family splits in future.

Wife supported by an EEA husband/sponsor does not need CSI unless sponsor is a student or self-sufficient.

The form is a poorly designed monster; a lot of questions go way beyond what is required under EU law.
The questions on law & order are a case in point.

Yes, every applicant (under normal route) has to prove 5 years of residency (& any absences within limits). I didn't repeat every page of instruction from every page of form.

The alternative is to simply use an earlier (simpler) version of the form.

PR status is settled status no matter how it is obtained. It is only lost by 2 years absence from UK.
In this case, wife cannot apply in own right due (as stated) to various gaps and lack of CSI as a student etc.