Need advise on my PR application please

[mvly]

Hi All,

Just a quick one please:

I'm non-EEA Married to EEA: 19/08/2011
I received RC: 07/02/2012
Spouse received BC: 10/06/2014
Spouse Been working full time for as long as she's been in UK, 14 years
We have been living together for 6 years.
I did not work for 4 years, 06/2012-05/2016, this is a period when I have been trying to establish my own business which didn't work out and then worked for 6 month for google when I started learning Information Technology on my own and getting international certificates, Spouse income and my savings been paying for us in this time, and finally got a good job on 05/2016 and been working full time ever since.

I have read through this thread and learned a lot, thank you all for your inputs.

Could you please advise if I can apply for PR, I think I could apply 5 years from marriage ?
Can I still work when my application is in process?
If I receive my PR hopefully, when can I apply for BC considering my wife got BC on 10/06/2014, or is it just 12months from the PR date?
We have never needed to be on any types of benefits and don't have mortgage, loan, etc. I didn't have any comprehensive medical insurance for the duration of my unemployment, did I need to have it ?
Should I sent both my spouse both EU and British passports ?

I appreciate your time and response

Kind regards,
Mv

[noajthan]

Not sure if its luck or foresight but your RC issued in early 2012 enables you to invoke the McCarthy transitional arrangement and so your now British spouse can still be considered as your EEA sponsor.
Otherwise your spouse would have lost the ability to sponsor you once naturalised back in 2014.

No need to worry about gaps in your record or lack of CSI, its all about your sponsor;
your activity is immaterial (however rewarding it may be personally).

You should have acquired PR by August 2016 (5th wedding anniversary) - assuming you were both in UK at that time.

When you apply be sure to mention McCarthy in a cogent cover letter.
Enclose spouse's both passports to tie in with McCarthy.

You can work whilst waiting as your sponsor is settled.

Once you have PRC you can apply to naturalise asap as spouse of a BC (assuming all requirements have been/ can be met - have you checked them?).

[Obie]

Not sure if its luck or foresight but your RC issued in early 2012 enables you to invoke the McCarthy transitional arrangement and so your now British spouse can still be considered as your EEA sponsor.
Otherwise your spouse would have lost the ability to sponsor you once naturalised back in 2014.

No need to worry about gaps in your record or lack of CSI, its all about your sponsor;
your activity is immaterial (however rewarding it may be personally).

Can it be said, as a matter of law, that a person who became a British Citizen 2 years after the transnational provision was promulgated, benefits from it, when he was not a dual citizen on the day the transitional provision came into force.

I think it will make a complete mockery of the definition of transition, if this was the case.

[noajthan]

Indeed.
I cannot comment on the rationale behind the HO approach to such complex matters but in practice that is how they operate.

It is fortunate for OP that this is the current modus operandi otherwise it appears he would have been snookered by his sponsor's 'premature' naturalisation.

[Obie]

It will be nice to see this policy, if you have it. My focus has been on the regulations and transitional provision.

My understanding of the law is that on the day the changes came about, the EEA nationAl must be a person with duAl UK and other EEA nationality. The family member had residence card and right of residence on that day.

[noajthan]

It will be nice to see this policy, if you have it. My focus has been on the regulations and transitional provision.

My understanding of the law is that on the day the changes came about, the EEA nationAl must be a person with duAl UK and other EEA nationality. The family member had residence card and right of residence on that day.

Certainly.
The following guidance appears to encapsulate the actual experience of a number of members, as reported over the past year or so in the forum:
https://www.whatdotheyknow.com/request/ ... nat....pdf

[Obie]

Thanks for that. Most helpful. It remains the case however that the plan reading of the regulations does not support that. However I suppose Article 37 of the Directive permits the memberstate to make more favourable policy or administrative policies.