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Applying for PR via marriage to British Citizen

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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CarolineK2016
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Applying for PR via marriage to British Citizen

Post by CarolineK2016 » Thu Jul 07, 2016 10:14 pm

Apologies if this is an obvious question but cannot find straight forward answer. Can you apply for PR just by marriage to a british (bread and born) citizen? 7 years of marriage, 10 of being in the country (as EEA citizen) but not enough to count for 5 years of continuous period of work.
Answers much appreciated. Thank you x

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Casa
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Re: Applying for PR via marriage to British Citizen

Post by Casa » Thu Jul 07, 2016 10:25 pm

No. You need to submit proof that you have been exercising your Treaty rights throughout the qualifying period. Your British spouse is unable to be your sponsor. Do you have a RC and have you held CSI while you've not been employed?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

CarolineK2016
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Re: Applying for PR via marriage to British Citizen

Post by CarolineK2016 » Thu Jul 07, 2016 10:39 pm

Thank you for your prompt reply.
No and No I'm afraid. This is a question posted on behalf of a friend. If husband was covered by private insurance including family would it count?
Is being married to a BC in any way helps any immigration process for EU citizen?

ohara
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Re: Applying for PR via marriage to British Citizen

Post by ohara » Fri Jul 08, 2016 3:22 am

CarolineK2016 wrote:Thank you for your prompt reply.
No and No I'm afraid. This is a question posted on behalf of a friend. If husband was covered by private insurance including family would it count?
If he is exercising his treaty rights as a self sufficient person, then yes.
CarolineK2016 wrote: Is being married to a BC in any way helps any immigration process for EU citizen?
No, in fact it is worse than being married to an EEA citizen as a British citizen cannot be their sponsor.

The only way it does help is that you can naturalise in 5 years rather than 6 as if you are married to a British citizen, you do not have to hold permanent residence for 12 months before applying.

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Casa
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Re: Applying for PR via marriage to British Citizen

Post by Casa » Fri Jul 08, 2016 9:59 am

ohara wrote:
CarolineK2016 wrote:Thank you for your prompt reply.
No and No I'm afraid. This is a question posted on behalf of a friend. If husband was covered by private insurance including family would it count?
If he is exercising his treaty rights as a self sufficient person, then yes.
CarolineK2016 wrote: Is being married to a BC in any way helps any immigration process for EU citizen?
No, in fact it is worse than being married to an EEA citizen as a British citizen cannot be their sponsor.

The only way it does help is that you can naturalise in 5 years rather than 6 as if you are married to a British citizen, you do not have to hold permanent residence for 12 months before applying.
To clarify. The husband can't exercise his Treaty rights as he's not considered to be an EEA citizen in this instance. However, I believe ohara intended to say that if your friend (the wife) is claiming self-sufficiency then the requirement for CSI will be met as she is included on the husband's private medical insurance policy. Assuming she has been covered throughout the 5 year qualifying period.
I'd advise her to apply for confirmation of PR as soon as possible in light of Brexit. Once she has this she would be able to apply for BC.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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