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noajthan wrote:In my experience, BCs invariably get the fuzzy end of the lollipop. There is no obvious benefit of being connected to a BC in an EU-related application.softy monster wrote:I guess it's irrelevant, as you will be queuing as everybody else!JGNS25 wrote:Would the European nationals married to British citizens have their permanent residence processed faster? or it is irrelevant?
softy monster wrote:1) Did wife have a RC issued during or before 2012?
my brother's wife is an EEA national (born as French national) so she never had to apply for RC (for McCarthy TA rules to be applied to her like in my case if you remember when asked you about it a while ago, or you can see from my time line, as i am the one who's on that case)
2) It may be that wife can apply for confirmation of PR based on a period of residence in UK in the past, that is dating from before the time hubby/sponsor was naturalised
what's the best 5 year period need to use under EU routes?
*My brother had his ILR in 1997 before he met this wife and got married in 1998/1999
* Few years later (around 2003) he became French national based by being her spouse!
* Then few years later (around 2014 ) he became British national
Yes, assuming sponsor can also rely on having ILR, instead of PR, as you explained he was never a qualified person able to exercise treaty rights for a continuous 5 year period.softy monster wrote:Correct as he became BC just few years ago around 2013/2014, so for him to be a qualified sponsor, the 5th year of his 5 yrs period must be before when he became BC
For example any 5yrs between 2003/2
011?
Incapacity is not the same as treaty rights. I have no knowledge of that.softy monster wrote:i guess being claiming on the ground of his long term illness/incapacity, that also can be part of/or similar to exercising treaty right??
Yes that's correct he had his ILR and that was based on his own rights, and few years later he then got married!
*sponsor can also rely on having ILR, instead of PR...so i assume that still under EEA routes (EU law)??
*If the ILR holds good then only residence needs to be proven...you mean bills, proof of the relationship,absences,ect.. So no need for them to be worried about being qualified (excercing treaty rights) especially for the sponsor (bro) due to his ILR being there in the first place?
*But could he mention that he can also sponsor her, by him being in long term illness/incapacity??
Its complex as you say bro was settled (ilR) then became French. So he was instantly a settled EEA national.softy monster wrote:Hi noajthan,
Hope you are well, do you think if my brother apply for his wife under eea routes on the grounds of she's his carer, with all the document that prove and show the evidence of his long term illness, and when it comes to prove his residence in UK can use ILR instead, I know they are different! as if he wants to use eea routes that the only evidence can show about his illness
...
Or like you said earlier:
about my brother who's already settled in UK (with ILR) and thus free from immigration time restrictions.
So brother's wife may have already acquired PR by simply residing in UK at same time as hubby who is a settled person (that is, in some 5 year period since he became an EEA national). If settled bro had no need to exercise treaty rights
I assume this is under UK law rather than EU law (EEA routes)?
I assume EEA PR form in under eu law, and if he decide to apply under UK law which application is to be used for his case?
and what happened if he takes the gamble and take eea routes instead when then they see his ILR?
Hi, and thanks for your email! My bro wife is 48yrs old and I guess she could be also as carer on EEA route!Wise wrote:The options you have is worth going for, but depend on the age of the wife I would have suggested to start all over again on her own right by choosing any convenient treaty right , if that doesn't work you may apply on UK route as a carer of BC and the length of being together as a couple can make the case strong, But this could be last option because of the application fees. Or wait for the Brexit negotiation which am sure in my own opinion both parties cannot send people back home in this 21th century. There will be a compromise at the end.
I had a woman on LBC radio of a German woman crying who have live in UK for 40 years, her husband has died and has never think of applying for anything her life and because of Brexit she was so devastated and confused of what to do. Pointing on this to show you that many people out there is in the same boat likewise many BC living in the EU and that is the reason why I strongly believed in my first paragraph.
Good Luck.
will take that inboard and will try to explain to him, and take it from there! i just want to thank both of you!Wise wrote:Hello,
If she is 48 years old she can be her spouse carer and get paid from Government for doing that and apply as qualify person in her own right now as an EU national under EU route. The earlier the better. And beside that the partner has now become BC. I think this should be your first option.
It has nothing to do whether they are married or not as she was qualify to in her own right to be in UK anyway under EU law, forget about the sponsor. I know some people who look after their own personal disable child as a carer and get paid as a worker from Government.