Appropriate route to citizenship? EEA National and UK Spouse

[Palurien]

I want to apply for British citizenship but, after reading the Government legislation and getting stuck on a variety of forms, I would like guidance on which route will be most appropriate based on my personal circumstances. I.e. "which forms do I submit?"

My background is set out below, based on which I think I might qualify either as the spouse of a UK citizen or as an EEA citizen.

Background
• EEA National
• Lived in the UK since 2007
• Married to a UK citizen since 2011 and have a British daughter born in 2012
• No previous contact with the Home Office / visas / permits (as exercising EU Treaty rights and British partner then spouse).

Activity since entering the UK
• 2007-2014: Full time student (A Levels, BA, Post Grad from reputable institutions)
• 2009-2012: Part-time work while studying BA (c£5k p.a. - clearly not enough to make work the "main" activity)
• 2014-current: Worker (graduate job)

Best route to citizenship – EEA or Spouse?
It's my understanding I may be able to obtain British citizenship either by virtue of:

a) Being an EEA citizen who is a "qualifying person" for at least 5/6 years; or
b) By being married to a UK citizen (for 5 years now).

I am concerned with residence requirements. I understand all of the other requirements (Life in the UK test, English language, good character, biometric enrolment).

EEA route (applying for a document certifying permanent residence then Form AN)

I'd gone a long way down the route towards completing Form EEA(PR) and assembling supporting evidence when I came across two issues:
• Comprehensive health insurance: I did have an EHIC card but this expired before I finished my studies. Since then, I have just relied on NHS cover, which I understand from the guidance is insufficient.
• Requirement to be self-sufficient while qualifying as a Student: my partner and I received Housing Benefit from 2009-2011 and Child Tax Credit from 2012-2013.

I think both of these are likely to be deal-breakers and would mean that my application for a document certifying permanent residence would fail. Is that correct?

Spouse route (which forms?)

If the lack of comprehensive health insurance or receipt of state benefits in 09-11 mean I can't take the EEA route (yet), I think I could qualify on the ground that I have been married to a UK citizen for 2011. We have a (British) daughter, are both in full time employment and financially self-sufficient.

What route/applications would I need to make to become a British citizen by this route? My understanding is I would still need to first demonstrate a right of indefinite leave to remain before being able to apply for naturalisation.

1 Is that correct?
2 If so, which form should I use to apply for indefinite leave to remain by reason of having a UK spouse?

I have come across Form SET(M); however this states it can only be used if my "last grant of leave" was issued under specific paragraphs of the Immigration Rules. As I have not had any prior visas or had to make any express applications to remain, does that mean I should be using a different form instead?

Many thanks

[CR001]

You cannot apply under the Spouse of BC route using the UK immigration rules as you do not hold leave to remain in a qualifying category. This is also a 5 year route (2 x 2.5 year visas for non-EU citizens usually) and then ILR before being able to apply for citizenship.

Before you can apply for citizenship, you have to apply for a document certifying permanent residence, proving 5 years of exercising treaty rights. This will be your problem due to not having CSI while a student.

Did your husband have any form of medical insurance through his job during the time that you were a student?

[noajthan]

You are a Union citizen and do not have a UK visa so you are not on UK immigration route; your route is the EU migration route in your own right.

You are correct, you need to show you are or have been a qualified person exercising treaty rights continuously for 5 years.
Marriage to British spouse cannot help and hubby cannot sponsor you.

Lack of CSI as a self-sufficient person is a problem.

Lack of CSI as a student is a problem.
Did you have a foreign EHIC when a student?
Or did you have a RC issued to you as a student in/before 2011?

Could you have been covered by a parent's foreign health cover?
Or did you have an EEA sponsor in UK and exercising treaty rights whilst you were in UK as a student (eg an EEA parent).
- what about in that period from 2007?
- were you under 21 at that time? (dependents iover 21 would have to prove financial dependency on sponsor)

Otherwise it seems you have not acquired PR yet.
Whether you have time to do so now (before the final Brexit exit) is unlikely.
Your PR clock probably started as a worker in 2014 and would normally have to run until 2019 in order to acquire PR.

You will probably have to rely on any transitional arrangements.
In the meantime, suggest get a RC as such transitional arrangements often depend on having EU documentation at a certain key date.
(All yet TBC ofcourse - trust in British sense of fair play).

[Palurien]

Thanks very much for the quick responses, noajthan and CR001. I really appreciate your very clear advice.
It's also really useful to understand that the spouse route is a completely separate route requiring certain prior visas/leaves to remain.

I'm not aware of having had any medical insurance through partner or parents and no prior RC. I did have a foreign EHIC but it expired in 2008 (so well before I finished being a student in 2014).

It looks like I'll just have to wait until 2019 to qualify through the EEA route and/or cross my fingers and hope for the best re any Brexit transitional provisions in the meanwhile.

[noajthan]

It looks like I'll just have to wait until 2019 to qualify through the EEA route and/or cross my fingers and hope for the best re any Brexit transitional provisions in the meanwhile.

Its starting...

'We may have to deal with that. There are a variety of possibilities. We may have to say that the right to indefinite leave to remain protection only applies before a certain date. But you have to make those judgments on reality, not speculation.'

However, he is quick to dispel the notion that EU migrants already here will not be treated fairly.
'We will get a generous settlement for EU migrants here now and a generous settlement for British citizens in the EU.'

[David Davis]