EU family

[arturpl]

Also I have checked with HO and they state since Oct 2015 to apply for DCPR person if not employed but depanding of other person cannot be sponsored by EU citizens as this only apply to sponsors on none EEA citizens. For time being unemployed she could not depend on me therfore she had to have private health insurance to cover time when NIN contribution was not paid. In conclusion my naturalisation have no affect now according to them but they can't confirm what will happen after brexit.

[noajthan]

Also I have checked with HO and they state since Oct 2015 to apply for DCPR person if not employed but depanding of other person cannot be sponsored by EU citizens as this only apply to sponsors on none EEA citizens. For time being unemployed she could not depend on me therfore she had to have private health insurance to cover time when NIN contribution was not paid. In conclusion my naturalisation have no affect now according to them but they can't confirm what will happen after brexit.

This does not make sense and is incorrect.
Do not rely on any such 'helpline'.

You are confusing yourself. And forget about Brexit for now, that's 2 or more years off; suggest your immediate concern is family's paperwork in relation to your naturalisation.

An EEA citizen may be sponsored by another EEA citizen (qualified person). This comes from EU law and Directive 2004/38/EC.
Suggest check it out, also read UK EEA Regulations and the front page of current PR form.

[Casa]

An example of the flawed advice given over the Home Office 'help line'.

https://www.freemovement.org.uk/immigra ... pectation/

[arturpl]

Thank you Casa. The only problem I have that I have not applied through NCS and send out all my originals. If wife would apply now for DCPR I will not be able to support her application as have no my passport and other likes p60s etc. So really don't know how she can apply for confirmation. And if I will get naturalised she will not be able to include me as her sponsor so a bit crewed

[noajthan]

Thank you Casa. The only problem I have that I have not applied through NCS and send out all my originals. If wife would apply now for DCPR I will not be able to support her application as have no my passport and other likes p60s etc. So really don't know how she can apply for confirmation. And if I will get naturalised she will not be able to include me as her sponsor so a bit crewed

The point is wife can apply for confirmation based on 2009-2014 (or whenever it is, back in the day) as you were not British at the time.

The further point is, if its refused for some reason and you have since naturalised, you can't sponsor her any more in future.
So wife would have to exercise treaty rights in her own right from then on.
Fortunately she is EEA and could do that; imagine the situation if she was non-EEA, she would then be snookered.

Pro tip: NCS is like marmite, people seem to either love or hate it, but at least you keep original docs.

[arturpl]

Thanks. As I dont want to start new topic asking on behalf of family friends. She is Eu citizen lived here since 2007. She met British guy and were together since 2010. They have 3 kids together. Got married in 2016. She have not worked for last 5 years as spent time with kids at home while husband was at employment. How she can secure her status as her husband cannot or could not be her sponsor for last 5 (unemployed) years. How she can secure her stay?

[noajthan]

Suggest friend registers and opens own topic as it is nothing to do with yours.
Responses to two unrelated questions will only cause confusion.

[arturpl]

It was a bit costly but got some specialist advise. Yes my wife can try to obtain DCPR for any time since she entered UK. Apparently can be 2 years here 1 years there. Also as is stand my potential British citizenship make no difference to her status as she work self employed and UK is still in the UE. I was advised to get wife and stepson comprehensive health insurance that might cover time when she can be out of work in the future as this is one of ways to self efficiency. So no need for me to sponsor her as she can use my founds but not relay on public funds (NHS). It apparently can make a huge difference in the future if can proof that she had one. Anyway...I appreciate all your help here. Also it unknown if she can even benefit from me being British after brexit....can be even beneficial as EU law will no longer apply and DCPR is a EEA based document might not be enough as the EU law will be ceased. One big unknown...

[arturpl]

An example:

Danielle is a French citizen. She is married to Edgar, a British citizen, and has lived in the UK married to Edgar since 1982. She has never worked in the UK because Edgar has a full time job and his income is more than sufficient for them both to live on.

Danielle could potentially qualify for a right of residence as a self sufficient person. However, she would need to show that she has comprehensive sickness insurance. Without that, she has no current right to reside in the UK.

Before Brexit, that was not a problem as nobody was likely to try and remove her and she had a right of entry. When the UK leaves the EU and assuming EU free movement laws come to an end, Danielle will no longer freely be able to enter the UK, will have no EU right of residence as an existing resident and unless the UK Government makes provision for her she will be residing illegally in the UK.

[noajthan]

It was a bit costly but got some specialist advise. Yes my wife can try to obtain DCPR for any time since she entered UK. Apparently can be 2 years here 1 years there. Also as is stand my potential British citizenship make no difference to her status as she work self employed and UK is still in the UE. I was advised to get wife and stepson comprehensive health insurance that might cover time when she can be out of work in the future as this is one of ways to self efficiency. So no need for me to sponsor her as she can use my founds but not relay on public funds (NHS). It apparently can make a huge difference in the future if can proof that she had one. Anyway...I appreciate all your help here. Also it unknown if she can even benefit from me being British after brexit....can be even beneficial as EU law will no longer apply and DCPR is a EEA based document might not be enough as the EU law will be ceased. One big unknown...

The need for selfsufficient persons to have CSI is well understood as it comes from EU law.

However your advisor is somewhat misleading, you cannot patch together 1 year here, 2 years there if there are gaps in between;
the exercise of treaty rights has to continuous for 5 years.

Exercise in differen categories is ofcourse fine,
And once someone has acquired PR they don't need to exercise such rights any more.

The problem your wife faces is, if her PR status is not confirmed for some reason and she has to start again in own right, there will be no time to acquire PR in the normal way (that is, if starting again from zero).

[arturpl]

But now...if i would not obtain citizenship next year (around) and stick to my DCPR only it makes no difference according to advisor as from 2016 August she will be on trinity rights on her own anyway and she can support her PR on time 2009-2014 as me being her sponsor. If she become unemployed she has to go for Health Insurance to cover time off work. He says as long as she work or have CSI she can go on her own and my DCPR or British citizenship makes no difference at this point apart from me not being able to sponsor her as she has to carry on being self employed or having CSI. So complicated...it's about my citizenship that advisor says will make no difference to our current circumstances. Apparently....

[arturpl]

Hi. I have previously posted tread about citizenship but looking to get some advise please regarding DCPR for my stepson and his mother (my wife) both EEA.

1. Stepson age 17 lived in UK since 2006 (full education in UK) currently in college and working part time.
2. Mother in the UK since 2006 married with me in 2009 (due to pregnancy with other child did not work till august 2016) now self employed. Sponsored by myself in years 2009- 2016 August.

What's the best way to apply for DCPR for them. Separately or together and what PR form to use.

I will not be able to sponsor them soon as in process of obtaining citizenship but this is not a problem now as such as they exercise treaty rights on their own by working. Once naturalized I want to support their form with myself being their sponsor as EEA (time prior naturalization as British) Just not sure whats the best way to apply and what firms to use. Would kindly appreciate help. Thank you.

[noajthan]

Posts merged.

[noajthan]

Hi. I have previously posted tread about citizenship but looking to get some advise please regarding DCPR for my stepson and his mother (my wife) both EEA.

1. Stepson age 17 lived in UK since 2006 (full education in UK) currently in college and working part time.
2. Mother in the UK since 2006 married with me in 2009 (due to pregnancy with other child did not work till august 2016) now self employed. Sponsored by myself in years 2009- 2016 August.

What's the best way to apply for DCPR for them. Separately or together and what PR form to use.

I will not be able to sponsor them soon as in process of obtaining citizenship but this is not a problem now as such as they exercise treaty rights on their own by working. Once naturalized I want to support their form with myself being their sponsor as EEA (time prior naturalization as British) Just not sure whats the best way to apply and what firms to use. Would kindly appreciate help. Thank you.

Applying together or separately is immaterial.

Use current PR form or earlier version , current monster form is not (yet) compulsory.

As explained above both parties have probably acquired PR on basis of your sponsorship in the past.
If they had acquired PR back in the day it doesn't matter that you will have become British.
It is only sponsorship in future that would not be possible.

1) Stepson - PR perhaps in 2014, 5 years after your marriage to stepson's mother
2) Wife - PR probably as early as 2014

Note If wife and stepson are EEA nationals (I think they are) they have not had to exercise treaty rights since acquiring PR (but they can if they want to).

[arturpl]

Yes we all EU citizens. Well I shall wait for my originals to be back from HO (not applied through NCS) and will submit aplications for them and will register our youngest as british too. I JUST WANT TO SAY MASSIVE THANK YOU TO YOU MODERATORS FOR YOUR HELP AND PATIENCE!!!! You gave me much more info than anyone else and you guys here have massive knowledge putting in shame HO helpine....5 calls 5 different opinions....THANKS AGAIN!!!!!!