EU housewife applying for PR with eu husband

[mya01]

Hello,

I have been searching a response to this question for a while and cannot find anything relevant to my case.
My husband is eu an national working continuously for 15 years, i can only apply for PR or BC through him exercising treaty rights.
we have been together for 5 years and we wish to apply for PR then BC. I don't think I will be able to find 5 years continuous work for myself as there were times where I was not working and didn't claim any JSA ( I was unaware of comprehensive sickness insurance at the time) hence, I have gaps therefore not able to obtain PR on my own.

I have called the HO and been informed that EU citizen must apply as a "main applicant" and cannot apply with my husband they informed me that I should get CSI for the next 5 years then apply for PR. HO told me that i am considered self sufficient since I am eu housewife and that if i was not eu national then I could apply for PR via my husband and him being my sponsor is this right, does not make sense to me?
If I have to wait another 5 years it might just be worth waiting for my husband to be BC then apply as his spouse, this will probably be easier for me?

[Obie]

Your second option is unnecessary and i am not sure it will take you far.

The advice given on the phone is wrong and must be ignore.

I don't believe the person was correct . In fact i can say they are wrong in law.

I accept that Regulation 15(1)(b) could be better drafted to make it clearer that it applies to both EEA and non-EEA family member of EEA citizens.

With Regulation 15(1)(A) APPLYING TO THE PRIMARY EEA APPLICANT, AND 15(1)(B) MENTIONING NON-EEA FAMILY MEMBER, I can see where the confusion derives.

However it is wrong, and it will be absurd, if the EEA family member of an EEA citizen was not covered by regulation 15(1)(b).

Therefore it is my view that the telephonist was clearly wrong.

[noajthan]

HO helpline is talking absolute nonsense.
The advisors are also not held acccountable for such advice should you choose to act on it.
https://www.freemovement.org.uk/immigra ... pectation/

If you have not exercised treaty rights continuously in your own right (for 5 years) then you won't have acquired PR by yourself.

However, if spouse is a qualified person (and has exercised treaty rights continuously for 5 years) then you could have acquired PR via hubby and you may apply for DCPR as a direct family member.

See HO guidance on direct family members here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

If hubby is applying for DCPR too then he would be main applicant on the PR form.

If only you are applying for DCPR then you would be the main applicant;
hubby would be entered in Section 2 of PR form as your sponsor.

Note be careful about letting hubby become a British citizen 'too early';
except in special circumstances he would (as a BC) no longer be able to sponsor you on the EU migration route.
Make sure you have your DCPR in the bag first.

[mya01]

Thank you for your responses.
The more i look into this the more i get confused. My understanding is that my husband can apply using the eea (pr) form, can I add my name to his form as his spouse or is is best to wait for him to be approved then apply for myself separately? I am afraid of being rejected and he might not be approved if i am on the form with him (should i use the eea (pr) form or eea (fm) form if i am the main appplicant)

[noajthan]

Thank you for your responses.
The more i look into this the more i get confused. My understanding is that my husband can apply using the eea (pr) form, can I add my name to his form as his spouse or is is best to wait for him to be approved then apply for myself separately? I am afraid of being rejected and he might not be approved if i am on the form with him (should i use the eea (pr) form or eea (fm) form if i am the main appplicant)

If both in UK together whilst married, and hubby has been exercising treaty rights, for 5 years then why not apply together.
Form EEA (PR).

If you can prove your identities, your relationship, your residence in UK, your absences within prescribed limits plus hubby's valid treaty rights then you should be approved (unless perhaps you get a rogue caseworker).

You can get a handle on this free movement thing here (after all its your VAT that has paid for guides like this):
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Its a little surprising hubby hasn't applied for DCPR already as he is one of the pioneers of free movement (with 15 years time served).
Is he an A8 national?

[mya01]

No we aren't, he's french, it has never crossed his mind to apply for permanent residence we always believed to have similar rights to British citizen, the brexit made us rush into it before its too late like most people i believe.
I might have not kept all the documents i could have had, downsize of trying to keep only minimum necessary docs, we been living together 4 years, married 5 with 1 toddler born here.
If i was to apply on my own, my husband as sponsor, should i fill eea (pr) or eea (fm)
I really appreciate your knowledge and the fat that you are sharing it to help others

[noajthan]

No we aren't, he's french, it has never crossed his mind to apply for permanent residence we always believed to have similar rights to British citizen, the brexit made us rush into it before its too late like most people i believe.
I might have not kept all the documents i could have had, downsize of trying to keep only minimum necessary docs, we been living together 4 years, married 5 with 1 toddler born here.
If i was to apply on my own, my husband as sponsor, should i fill eea (pr) or eea (fm)
I really appreciate your knowledge and the fat that you are sharing it to help others

No WRS nonsense to worry about then.

EEA (FM) is only for a RC not really for DCPR.

To apply for DCPR use form EEA (PR).
You will ofcourse need rock-solid documentary supporting evidence.

[mya01]

okay so i will have to look through my files and dig out everything I can.
Thank you for your advice.

[Richard W]

I accept that Regulation 15(1)(b) could be better drafted to make it clearer that it applies to both EEA and non-EEA family member of EEA citizens.

With Regulation 15(1)(A) APPLYING TO THE PRIMARY EEA APPLICANT, AND 15(1)(B) MENTIONING NON-EEA FAMILY MEMBER, I can see where the confusion derives.

@Obie:
I don't read it that way at all. Regulation 15(1)(a) applies to EEA nationals, whether qualified persons or not, and Regulation 15(1)(b) applies to EEA nationals' family members not covered by 15(1)(a). I think it's worded that way because one spouse could be the qualified person for the first 3 of the 5 years, and the other spouse could be the qualified person for the final 3 years.

I might have not kept all the documents i could have had, downsize of trying to keep only minimum necessary docs, we been living together 4 years, married 5 with 1 toddler born here.

@Mya01:
Since the marriage, have you spent 5 continuous years both living in the UK? By the Diatta judgement, you don't have to be living together to count, though you would need 5 years in the UK. It's usually applied to failing relationships, but it's not restricted to them.

If i was to apply on my own, my husband as sponsor, should i fill eea (pr) or eea (fm)

PR for permanent residence, FM for family member. A document certifying PR will be more useful.

[mya01]

Than you for your response. I should fill in the form as family member 1 then