EEA PR AND NON EEA PR

[baby1242]

Dear All,

I will be obliged if you all could help me with our Permanent Residency. This is our story

I came into the UK in November 2010 on an Indian passport dependant visa on my husband
I acquired my Portuguese nationality (through descent) in February 2012 while in the Uk.
My husband who is a non EEA got his residence card (5 years) in September 2012 which expires in September 2017.
We have 2 children. elder one is 3 years old and the younger one is 18 months.

My questions are-

Since I complete 5 years in February 2017 as an European citizen and working in the uk since 2011 can I and my husband apply as a joint application for PR as he has been with me in the UK since then or have we to wait to apply for him until September 2017?

Also is it necessary to add the kids on the application?

I have been working part time since my youngest child is born .what documents should I show that my husband is dependant on me?

Thank you

[noajthan]

Your PR clock started in Feb 2012.
Date of any RC is irrelevant.

You (and hubby) should have acquired PR by next month;
that is, assuming you have been a qualified person continuously for 5 years (and no prolonged absences from UK).

Where were children born?
if in UK they don't need to acquire PR. Register them as citizens once one parent is settled.

Read PR guidance - its quite comprehensive.

[baby1242]

Your PR clock started in Feb 2012.
Youy should have acquired PR by next month.

Where were children born?
if in UK they don't need to acquire PR. Register them as citizens once one parent is settled.

Read PR guidance - its quite comprehensive.

Thank you for this.yes our kids are born in the Uk. Also can I apply PR for my husband along with me next month or has he to wait till September 2017??

[noajthan]

Thank you for this.yes our kids are born in the Uk. Also can I apply PR for my husband along with me next month or has he to wait till September 2017??

Post updated (above).

Are you sure no gaps in your timeline of activities?
Maternity leave?

[baby1242]

Thank you for this.yes our kids are born in the Uk. Also can I apply PR for my husband along with me next month or has he to wait till September 2017??

Post updated (above).

Are you sure no gaps in your timeline of activities?
Maternity leave?

I have been on maternity leave however I presume that is considered as no gaps as I did not resign from my job and I have not been out of the UK for more than 10 days.

[secret.simon]

Did the maternity leave last less than 52 week from start to finish?

If so, you should be fine.

Were there any other absences (of the person holding EU citizenship) of more than six months from the UK? You are allowed a single one year absence for emergencies lasting less than 12 months.

[baby1242]

Did the maternity leave last less than 52 week from start to finish?

If so, you should be fine.

Were there any other absences (of the person holding EU citizenship) of more than six months from the UK? You are allowed a single one year absence for emergencies lasting less than 12 months.

hello

1st maternity 2013 was 36 weeks
2nd maternity 2015 was 36 weeks
we have been on holidays for about 15 days in total each year outside the UK.

[secret.simon]

Was the EEA citizen working the rest of the five years? Then she and her husband will qualify for PR in February 2017 and British citizenship a year from then.

[baby1242]

Was the EEA citizen working the rest of the five years? Then she and her husband will qualify for PR in February 2017 and British citizenship a year from then.

Thank you so much...

I am also seeking advice for proof of dependency . Sibce I am the Eu sponsor I have been working part time. the only money I transfer to my husband is the rent and food money. is there anything else that I could show.

[secret.simon]

If you are legally married to your husband and you have proof of the marriage (marriage certificate, nikahnama issued in a country that recognises Islamic marriage, etc), there is no need to prove dependency. Just the appropriate certificate proving the marriage is sufficient. EU law is much less stringent than UK law.

But if you are working part-time, do you earn more than the MET/PET threshold of about £155 per week? Essentially, are you paying Class 1 NI contributions on your earnings? If not, your case will be investigated in closer detail by the Home Office.

Your residence will only count if your work is "genuine and effective" and not "marginal and ancillary". Broadly, if you stopped working, would there be minimal or a significant change to your lifestyle? If the former, that does not count as work for the purposes of EU law.

[noajthan]

Did the maternity leave last less than 52 week from start to finish?

If so, you should be fine.

Were there any other absences (of the person holding EU citizenship) of more than six months from the UK? You are allowed a single one year absence for emergencies lasting less than 12 months.

hello

1st maternity 2013 was 36 weeks
2nd maternity 2015 was 36 weeks
we have been on holidays for about 15 days in total each year outside the UK.

Should be acceptable and you should have retained worker status (assuming you were a worker qualified person) as long as you have rock-solid supporting evidence to back our case.

[baby1242]

If you are legally married to your husband and you have proof of the marriage (marriage certificate, nikahnama issued in a country that recognises Islamic marriage, etc), there is no need to prove dependency. Just the appropriate certificate proving the marriage is sufficient. EU law is much less stringent than UK law.

But if you are working part-time, do you earn more than the MET/PET threshold of about £155 per week? Essentially, are you paying Class 1 NI contributions on your earnings? If not, your case will be investigated in closer detail by the Home Office.

Your residence will only count if your work is "genuine and effective" and not "marginal and ancillary". Broadly, if you stopped working, would there be minimal or a significant change to your lifestyle? If the former, that does not count as work for the purposes of EU law.

yes we are legally married and I am paying Class 1 NI...the following are the documents I plan to send

Photographs

Proof of identity and nationality
National identity card
Driving Licence

Residence documents
Registration Certificate

Proof of Address for the Last 5 years.
Bank Statements
NHS Medical Cards
Council Tax Bills
Tenancy Agreement

For proof of Employment
Letter from employer
P60’s last 5 years
Pay Slips

Public Funds
Letter from HMRC
(Child Benefit)

Photographs with husband,kids and family for the last 5 years

Personal Reference Letters from friends and family (British Nationals)


Is there anything that I am missing on??


Thanks a ton

[secret.simon]

You might be overegging the pudding. Stick to the basics.

Proof of identity for both applicants - Your passports.
Proof that you have been exercising treaty rights - for the EEA spouse only - Payslips, P60s, proof of maternity leave and that you resumed within 52 weeks(relevant emails, letters, etc)
Proof of relationship - marriage certificate

Everything else is superfluous.

Some councils now provide a service (for a fee) that check that you have the correct documentation. I can't seem to find the link online for it, but I am sure others here will provide the link.

Were both children born in the UK?

[baby1242]

You might be overegging the pudding. Stick to the basics.

Proof of identity for both applicants - Your passports.
Proof that you have been exercising treaty rights - for the EEA spouse only - Payslips, P60s, proof of maternity leave and that you resumed within 52 weeks(relevant emails, letters, etc)
Proof of relationship - marriage certificate

Everything else is superfluous.

Some councils now provide a service (for a fee) that check that you have the correct documentation. I can't seem to find the link online for it, but I am sure others here will provide the link.

Were both children born in the UK?

Thank you for your reply..yes both the kids were born in the UK

[secret.simon]

both the kids were born in the UK

Then they are entitled to register as British citizens immediately after you acquire PR as well. No need for them to acquire PR, which would have complicated your naturalisation applications.

[baby1242]

both the kids were born in the UK

Then they are entitled to register as British citizens immediately after you acquire PR as well. No need for them to acquire PR, which would have complicated your naturalisation applications.

Thank you for alln your advice