EEA spouse of UK national. Best way to get residence cert

[pharmer9]

My wife (a French national) and I (UK national) have been married since 1983 and have both lived and worked in the UK since 1991

My thoughts have turned to formalizing her residency in the UK

Looking at the UKGov web sites, there appear to be a number of ways one can try and achieve this - on EEA(PR) based on her >5yrs residency; on EEA(QP), or using me as a sponsor.

Can anyone suggest which is the 'best' way please?

Thanks for any help

[noajthan]

As a BC you cannot (normally) sponsor wife to achieve PR (that's UK law even before Brexit); there are special case exceptions.

EEA PR is the most appropriate way to achieve confirmation of settled status prior to shooting for privilege of citizenship.

Also check the passport that wife first used to enter UK back in 1990s - she may have been stamped in with ILR at the time.

[pharmer9]

Many thanks. And I shall check for the ILR. I even know what it stands for now

[pharmer9]

noajthan,
I am working through the EEA(PR)
My wife took early retirement 2 years ago, meaning she has a period of "self-sufficiency" which continues to the present.
The EEA(PR) forms in Section 9 part A 7 talk of "the requirement to hold comprehensive sickness insurance". She doesn't have a French EHIC as she has not been resident in France since 1983, and the form notes give no idea what Forms S1, S2 or S3 might be..
She just goes to the doctor, like everyone else!
Where is that question coming from? Is it something they insist upon?
Thanks
pharmer9

[secret.simon]

Self-sufficiency does not count if the EEA citizen and all the non-British family dependents in the UK do not have CSI.

However, the requirement for PR is any block of five continuous years where she has exercised treaty rights (for example by working), not necessarily the most recent. So, if she was working from 2003-8, as an example, that is sufficient to prove that she acquired PR in 2008.

It is generally best to choose the earliest possible five continuous year period for which you have proof.

[noajthan]

noajthan,
I am working through the EEA(PR)
My wife took early retirement 2 years ago, meaning she has a period of "self-sufficiency" which continues to the present.
The EEA(PR) forms in Section 9 part A 7 talk of "the requirement to hold comprehensive sickness insurance". She doesn't have a French EHIC as she has not been resident in France since 1983, and the form notes give no idea what Forms S1, S2 or S3 might be..
She just goes to the doctor, like everyone else!
Where is that question coming from? Is it something they insist upon?
Thanks
pharmer9

The question comes from EU law and the Directive 2004/38/EC.
Its been transposed into UK law as the UK's EEA Regulations and manifests itself in the form;
(although some of the form is not compliant with the cleaner, purer EU law).

CSI is mandatory for self sufficient qualified persons.

However you do not have to file based on the last 5 years
And Regulation 5 covers Union citizens who have retired.

If wife did not have an ILR stamp in that old passport then she is still likely to have acquired PR status donkeys years ago.
Just choose a qualifying period during which wife was exercising treaty rights continuously (& for which she has rock-solid if not unimpeachable evidence).

Make sure there were no prolonged absences from UK.
Over 6 months normally breaks continuity of residence (ie stops PR clock); a one-off absence for exceptional reason would not.
Assuming wife has acquired PR it would only be lost by a continuous absence of 2 years.

Failing that you/we can dig into Regulation 5:
http://www.eearegulations.co.uk/Latest/ByPage/part1_5

[pharmer9]

Self-sufficiency does not count if the EEA citizen and all the non-British family dependents in the UK do not have CSI.

However, the requirement for PR is any block of five continuous years where she has exercised treaty rights (for example by working), not necessarily the most recent. So, if she was working from 2003-8, as an example, that is sufficient to prove that she acquired PR in 2008.

It is generally best to choose the earliest possible five continuous year period for which you have proof.

Thanks Simon - But working through EEA(PR) I still come to a question (9.9) on "any period for which you were...self sufficient" (true answer=the past two years) followed up by 9.11 asking about CSI. I don't see how to limit the application to periods when my wife was employed.
pharmer9

[noajthan]

Thanks Simon - But working through EEA(PR) I still come to a question (9.9) on "any period for which you were...self sufficient" (true answer=the past two years) followed up by 9.11 asking about CSI. I don't see how to limit the application to periods when my wife was employed.
pharmer9

You don't "limit the application to period when wife was employed".
You simply add in the information in each question and category and timeperiod (& etc), and the caseworker will weigh it all up and assess it.
If you miss vital material facts (or suppress them) you risk refusal.

You can help (if you wish) by spoonfeeding the caseworker with what you think is the appropriate period in a cogent cover letter.
Or use an alternative form (earlier, simpler version); its not a mandatory legal requirement to use current monster form.

[pharmer9]

OK, thanks, I think I'm getting the idea.