EU Permanent Residence Query

[Big46]

Hello Everyone,

I am hoping someone might be able to help. I have been given to conflicting pieces of information for 2 separate lawyers so i am hoping that someone here may be in the same situation as me and have verification.

I am an Italian/America Dual citizen who is Married to a British Citizen (Since July 2013).

I have been with my British Partner since April 2010. Spent time in the USA with her from April-September 2010. Traveled with her in Europe from March 2011-Sep 2011.
In Sep 2011 i came back to the UK with her but entered on my American Passport (Italian Passport expired)
I left the UK 6 months later "March 2012" (As required by my visitor Visa) and returned in June 2012 on my EU passport and have remained here since living with her.
From July 2012-April 2014 i was a registered job seeker.
From April 2014 i secured a job that would be continuous each year but only (Jan-Sep) "Seasonal"
In between this Sep-Dec periods i have been Self Employed and worked Varied hours (6-8hrs per week) for a different company.

I am preparing everything to apply for Residency in June 2017 but i wasn't sure if i met the rights of Residency under the rights of Residency?
One Lawyer said i do and the other is saying that i don't need to meet the requirements because i am married to a British Citizen for longer than 3yrs.

So after all that rambling i guess my 2 questions are
Do i qualify under the rights of Residency and Is it true that the conditions don't apply to EU Citizens married to a British Citizen?

Thanks very much for reading, I do Appreciate it

[noajthan]

Your British spouse is out of the frame in this context.
Your lawyer is confusing herself and you. The 3 years stuff applies to naturalisation not PR; you haven't got there yet, you need DCPR first.

You simply need to show you have acquired PR by exercising treaty rights continuously for 5 years in UK.

Thinking out if the box, your qualifying period, may have started in September 2011 as you were presumably Italian at the time.

A few months absence from UK is no biggie and does not impact continuity of residence; yes, free movement really is that free and easy.

Naturally, rock-solid evidence is required every step of the way.

The 2 years as a jobseeker may be a concern; you will have to dig into the rules in force at the time; especially regarding 'gpow'.

As well as showing your work was genuine and effective rather than supplementary and marginal you face the challenge of HO applying its MET/PET test to determine if it agrees you were a worker.

You can dig into all these vital matters here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

See this regarding MET:
https://www.freemovement.org.uk/using-m ... ne-worker/

[Big46]

Thank you for your reply! I do appreciate it.
I think i will therefore choose not to use this immigration Lawyer... He also has what he told me stated on his Website (Regarding rules not applying if you have a British Spouse).

xxxxxxxxxxxxxxxxxxxxx

I guess i have time to start gathering all of these documents and i shall take a look at the legislation regarding my Two years as a Jobseeker.

Again thank you for your reply and Clarifying that for me.

[noajthan]

Thank you for your reply! I do appreciate it.
I think i will therefore choose not to use this immigration Lawyer... He also has what he told me stated on his Website (Regarding rules not applying if you have a British Spouse).

xxxxxxxxxxxxxxxxxxxxx

I guess i have time to start gathering all of these documents and i shall take a look at the legislation regarding my Two years as a Jobseeker.

Again thank you for your reply and Clarifying that for me.

Those references to British spouse were in the specific case of a sponsor ceasing activity (Regulation 5) so you have taken them out of context and misapplied them; (they don't apply to you).
As you are a Union citizen you can apply in own right and in fact you have to qualify for PR in your own right as you have no potential sponsor.

[Big46]

That is what I thought, I think this Lawyer has his wires crossed "which is disheartening considering he is suppose to be great!
He also kept mentioning the fact of my wife being disabled as a waiver... after reading more I most definitely think he is quoting the rule for Indefinate Leave to remain.... Which may be the easier option for me (just more costly), Do you think we should take the ILR route?

[noajthan]

That is what I thought, I think this Lawyer has his wires crossed "which is disheartening considering he is suppose to be great!
He also kept mentioning the fact of my wife being disabled as a waiver... after reading more I most definitely think he is quoting the rule for Indefinate Leave to remain.... Which may be the easier option for me (just more costly), Do you think we should take the ILR route?

Your wife has little or nothing to do with this case.
You're not on the UK migration route as you don't have a visa. And it would take 5 years to get ILR.

If you have evidence to back your case for PR then shoot for confirmation of PR.
You may have acquired it already (since 2011) if you can clear up a few grey areas (jobseeking; genuine work).

[Big46]

Hi Again,

If you don't mind could you help me with one more piece of information... We have received this response from our Lawyer.

As you are a Dual citizenship holder Italian - American I am looking at the route of Indefinate Leave to Remain.

As you have been in an established relationship before July 2012 the three year route will apply to you.

Although you are not registered with immigration on a spousal Visa we can incourparate the fact that you are an Italian Citizen and did not require this visa and instead of claiming PR on Italian/EEA route we will do it on American citizenship and state the no visa reason as (EU Citizen/Dual Citizen) and give the special circumstance (Disabled spouse) as reason for not going down the perminant residency route as you have had times of not working due to caring for her.

Everything he is saying about my circumstances is true but this is not sitting right with me and I am a little afraid that I am about to spend 1800 on ILR application only to be refused. It's a big difference from £65

[ohara]

HO can grant ILR under 10 years residence route to EEA citizens but it is discretionary.

https://www.freemovement.org.uk/can-tim ... plication/

[noajthan]

Hi Again,

If you don't mind could you help me with one more piece of information... We have received this response from our Lawyer.

As you are a Dual citizenship holder Italian - American I am looking at the route of Indefinate Leave to Remain.

As you have been in an established relationship before July 2012 the three year route will apply to you.

Although you are not registered with immigration on a spousal Visa we can incourparate the fact that you are an Italian Citizen and did not require this visa and instead of claiming PR on Italian/EEA route we will do it on American citizenship and state the no visa reason as (EU Citizen/Dual Citizen) and give the special circumstance (Disabled spouse) as reason for not going down the perminant residency route as you have had times of not working due to caring for her.

Everything he is saying about my circumstances is true but this is not sitting right with me and I am a little afraid that I am about to spend 1800 on ILR application only to be refused. It's a big difference from £65

Residency is different from settled status ie freedom from immigration time restrictions.
To naturalise an applicant needs to fulfill residence requirements and status requirements (plus other requirements) - all as per BNA.

You do not have settled status from UK route and have not yet confirmed PR status on EU route (even if you have acquired PR).
Living in UK for 3 years does not give settled status under UK or EU Regs.

[Petaltop]

This is what gets me. Noajthan is giving his time for free to help you and yet you aren't telling quite the same story as you told on a benefits site. You have already recieved a letter telling you that you have no right to reside. And you have already been told that being married to a UK citizen for 3 years will not give you "ILR"" even though you met before 2012.