Advice on filling PR form; British spouse

[Camy33]

Please help me filling in PR!
I'm stuck with a few sections because I opted for "I've lived in the U.K. for a countinuous period of five years as an EEA national qualified person, the family member or extended family member of a qualified person, or a combination of these. "
I'm an EEA national. I came in July 2009, I got blue card as dependent on my husband in 2011, I 've never used it because I did not find work than as self - employed until 2014 when I became employed. Therefore I said to have a combination of my 5 year qualifying period and the period of my dependence on my husband. The problem arises when I have to fill with data for my husband. In 2013 he obtained the PR card and from July 2015 he is British citizen.

And now come the questions.
* In section 2.9 I wrote down that my sponsor has British nationality. But at 2.14 I'm asked for a HO Reference No - which one is? the letters with PR ref no or British passport no?

** At 9.1 "... does the relevant EEA national have a document certifying permanent residence?" I said yes, but at 9.2 I'm asked again about the reference number. So what is my sponsors ref no? The British passport number?

*** At the end of section 11 says:
"Now go to -
• Section 17 if your sponsor is a British citizen, or
• Section 16 in all other cases. "
What shall I choose?

In other order of words, shall I mention my husband as a British citizen or as an European sponsor with PR?
This is the form https://www.gov.uk/government/uploads/s ... _03-16.pdf

Thank you.

[softy monster]

Please help me filling in PR!
I'm stuck with a few sections because I opted for "I've lived in the U.K. for a countinuous period of five years as an EEA national qualified person, the family member or extended family member of a qualified person, or a combination of these. "
I'm an EEA national. I came in July 2009, I got blue card as dependent on my husband in 2011, I 've never used it because I did not find work than as self - employed until 2014 when I became employed. Therefore I said to have a combination of my 5 year qualifying period and the period of my dependence on my husband. The problem arises when I have to fill with data for my husband. In 2013 he obtained the PR card and from July 2015 he is British citizen.

And now come the questions.
* In section 2.9 I wrote down that my sponsor has British nationality. But at 2.14 I'm asked for a HO Reference No - which one is? the letters with PR ref no or British passport no?

** At 9.1 "... does the relevant EEA national have a document certifying permanent residence?" I said yes, but at 9.2 I'm asked again about the reference number. So what is my sponsors ref no? The British passport number?

*** At the end of section 11 says:
"Now go to -
• Section 17 if your sponsor is a British citizen, or
• Section 16 in all other cases. "
What shall I choose?

In other order of words, shall I mention my husband as a British citizen or as an European sponsor with PR?
This is the form https://www.gov.uk/government/uploads/s ... _03-16.pdf

Thank you.

You are in the wrong place! if would like an answer to your questions, you need to be posting in here instead! As the moderators will move you from here anyway..

http://www.immigrationboards.com/eea-ro ... -2760.html

[Camy33]

Please help me filling in PR!
I'm stuck with a few sections because I opted for "I've lived in the U.K. for a countinuous period of five years as an EEA national qualified person, the family member or extended family member of a qualified person, or a combination of these. "
I'm an EEA national. I came in July 2009, I got blue card as dependent on my husband in 2011, I 've never used it because I did not find work than as self - employed until 2014 when I became employed. Therefore I said to have a combination of my 5 year qualifying period and the period of my dependence on my husband. The problem arises when I have to fill with data for my husband. In 2013 he obtained the PR card and from July 2015 he is British citizen.

And now come the questions.
* In section 2.9 I wrote down that my sponsor has British nationality. But at 2.14 I'm asked for a HO Reference No - which one is? the letters with PR ref no or British passport no?

** At 9.1 "... does the relevant EEA national have a document certifying permanent residence?" I said yes, but at 9.2 I'm asked again about the reference number. So what is my sponsors ref no? The British passport number?

*** At the end of section 11 says:
"Now go to -
• Section 17 if your sponsor is a British citizen, or
• Section 16 in all other cases. "
What shall I choose?

In other order of words, shall I mention my husband as a British citizen or as an European sponsor with PR?
This is the form https://www.gov.uk/government/uploads/s ... _03-16.pdf

Thank you.

[softy monster]

Please help me filling in PR!
I'm stuck with a few sections because I opted for "I've lived in the U.K. for a continuous period of five years as an EEA national qualified person, the family member or extended family member of a qualified person, or a combination of these. "
I'm an EEA national. I came in July 2009, I got blue card as dependent on my husband in 2011, I 've never used it because I did not find work than as self - employed until 2014 when I became employed. Therefore I said to have a combination of my 5 year qualifying period and the period of my dependence on my husband. The problem arises when I have to fill with data for my husband. In 2013 he obtained the PR card and from July 2015 he is British citizen.

*Husband can't sponsor you as he became a BC, so he's not considered as an EEA national for HO, and you cannot be his dependent anymore? so you better of applying without him, on your own rights
*when did you start work? Have you worked for 5 years?
*Also do you have any proofs/evidences that you were looking/seeking for jobs from the period when you were unemployed till you started working like, (job interview invitations, not-successful jobs/interviews letters, emails, job center's job appointments about jobs, interviews with agencies, registrations, or anything else to show to HO that you were really doing your best to find a job or even trainings, studying) Also I am sure our moderator or anyone else in here could give you more advice!


And now come the questions.
* In section 2.9 I wrote down that my sponsor has British nationality. But at 2.14 I'm asked for a HO Reference No - which one is? the letters with PR ref no or British passport no?

** At 9.1 "... does the relevant EEA national have a document certifying permanent residence?" I said yes, but at 9.2 I'm asked again about the reference number. So what is my sponsors ref no? The British passport number?

*** At the end of section 11 says:
"Now go to -
• Section 17 if your sponsor is a British citizen, or
• Section 16 in all other cases. "
What shall I choose?

In other order of words, shall I mention my husband as a British citizen or as an European sponsor with PR?
This is the form https://www.gov.uk/government/uploads/s ... _03-16.pdf

Thank you.

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one) in (the most) appropriate forum: EEA.

[noajthan]

Fortunately for you, you had the foresight to get a RC prior to 2012 so you can invoke the McCarthy transitional arrangement which means hubby may be considered as your EEA sponsor despite having taken the plunge become a British citizen.

[Camy33]

Fortunately for you, you had the foresight to get a RC prior to 2012 so you can invoke the McCarthy transitional arrangement which means hubby may be considered as your EEA sponsor despite having taken the plunge become a British citizen.

Thank you for the answer. I will search more about this arrangement as I haven't heard about it before.

[Camy33]

Thank you for the answer.
I do have evidences for the last 6 years. I'm self employed since 2011. I have invoices, bank statements, nics paid, taxes paid,, diplomas and certificates from college etc. So it is better to apply without a sponsor, than to complicate the case.

Another question is:
If I give evidence for 6 years for PR (instead of 5) and presuming that I'll have the PR card taken, then can I apply imediatelly for Naturalization (without waiting another one year)?
I need to know if it is worth to gather evidence for 2011 as well. X

[noajthan]

Thank you for the answer.
I do have evidences for the last 6 years. I'm self employed since 2011. I have invoices, bank statements, nics paid, taxes paid,, diplomas and certificates from college etc. So it is better to apply without a sponsor, than to complicate the case.

Another question is:
If I give evidence for 6 years for PR (instead of 5) and presuming that I'll have the PR card taken, then can I apply imediatelly for Naturalization (without waiting another one year)?
I need to know if it is worth to gather evidence for 2011 as well. X

As you have a British spouse you can naturalise under section 6(2) of BNA anyaway instead of 6(1) as hubby must have done.
So no need to wait 12 months in any case.
More in AN guide on this.

And if you do have to invoke McCarthy suggest include cogent cover letter to explain it so that caseworker doesn't miss the point.
See https://www.gov.uk/government/uploads/s ... als-v4.pdf
- ref page 28

[Camy33]

Thank you for the answer.
I do have evidences for the last 6 years. I'm self employed since 2011. I have invoices, bank statements, nics paid, taxes paid,, diplomas and certificates from college etc. So it is better to apply without a sponsor, than to complicate the case.

Another question is:
If I give evidence for 6 years for PR (instead of 5) and presuming that I'll have the PR card taken, then can I apply imediatelly for Naturalization (without waiting another one year)?
I need to know if it is worth to gather evidence for 2011 as well. X

As you have a British spouse you can naturalise under section 6(2) of BNA anyaway instead of 6(1) as hubby must have done.
So no need to wait 12 months in any case.
More in AN guide on this.

And if you do have to invoke McCarthy suggest include cogent cover letter to explain it so that caseworker doesn't miss the point.
See https://www.gov.uk/government/uploads/s ... als-v4.pdf
- ref page 28

I don't think I can invoke McCarthy transition arrangement because my husband was BC from 2015 and not July 2012...
"Persons already residing in the UK on 16 July 2012 as family members of dual EEA and British citizens, and who held a valid registration certificate or residence card confirming this right on 16 October 2012 will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national. "
Now is very clear for me. Thx again for the prompt answers.

[noajthan]

As you have a British spouse you can naturalise under section 6(2) of BNA anyaway instead of 6(1) as hubby must have done.
So no need to wait 12 months in any case.
More in AN guide on this.

And if you do have to invoke McCarthy suggest include cogent cover letter to explain it so that caseworker doesn't miss the point.
See https://www.gov.uk/government/uploads/s ... als-v4.pdf
- ref page 28

I don't think I can invoke McCarthy transition arrangement because my husband was BC from 2015 and not July 2012...
"Persons already residing in the UK on 16 July 2012 as family members of dual EEA and British citizens, and who held a valid registration certificate or residence card confirming this right on 16 October 2012 will continue to be treated as the family member of an EEA national for as long as they continue to be the family member of that dual national. "
Now is very clear for me. Thx again for the prompt answers.

You are incorrect in your analysis.

You can invoke McCarthy which is why I have clarified the position for you.
Especially as you previously received misleading advice.

HO, in its wisdom, happens to extend the coverage to those who naturalised later and are now dual nationals even if they were not dual in 2012.
But you have to have remained married (to same person as in 2012) and you have to have had the FM RC by the specified date.

See https://www.whatdotheyknow.com/request/ ... nat....pdf

[Camy33]

Thx again. That's great.
If so, have you got any link to show me where officially HO said that ?

[noajthan]

Updated as above.

[softy monster]

camy33,
what noajthan said was correct, sorry I didn't mean to mislead you at all as I did highlight something myself in green (I got blue card as dependent on my husband in 2011) the first time when I replied to you, but for some reasons I had to say that your husband can't be your sponsor! I am myself in the same situation as you are, as I have used the same path which was through (McCarthy TA) and was the moderator who helped me out with that! So you are safe

I had my RC in 2011 based on me being family member of an EEA national who's also now BC

Question for Noajthan please: without her blue card that she had by being as dependent on her husband, could she still use now the McCarthy TA? just something for me to learn and sorry again about the misleading I am learning

[noajthan]

Question for Noajthan please: without her blue card that she had by being as dependent on her husband, could she still use now the McCarthy TA? just something for me to learn and sorry again about the misleading I am learning

My understanding is that success in using this arrangement depends on:
1) possession of the FM RC (or UK FP);
- all as per the clauses of the transitional arrangement, and as per the various key dates

2) And on having the same spouse as in 2012.

[softy monster]

Question for Noajthan please: without her blue card that she had by being as dependent on her husband, could she still use now the McCarthy TA? just something for me to learn and sorry again about the misleading I am learning

My understanding is that success in using this arrangement depends on:
1) possession of the FM RC (or UK FP);
- all as per the clauses of the transitional arrangement, and as per the various key dates

2) And on having the same spouse as in 2012.

and the fact that she's an EEA and had blue card (is that similar to what you have mentioned FM RC?)
just learning not questioning

[noajthan]

and the fact that she's an EEA and had blue card (is that similar to what you have mentioned FM RC?)
just learning not questioning

If the OP is a qp in own right then invoking the ta would not be required.

The ta is only for those sponsored as a dependent - think of it as traditional British fair play in action (when the EEA Regs were changed), if you will.

EEA nationals may be family dependents just as non-EEA nationals may be.
FM nationality is not important here; what is important is that they were married to the (same) sponsor at the time of ta.

[softy monster]

Thank you for confirming that noajthan, and also for Camy33 i hope it's all clear for you now!

[Camy33]

Thank you for confirming that noajthan, and also for Camy33 i hope it's all clear for you now!

Thank you all again. Very helpful answers. I'm gathering the evidence now.