PR for a NON-EEA spouse of EU National

[Jersey]

Hi There

I'm EU national (got naturalised 2 years ago but still hold my EU nationality). My wife needs to apply next week for PR after living in the UK 5 years (she originally got the EEA Family permit).

The form is long and tedious as many of you know (85 pages), and there is a requirement there to show proof of any benefits received. We did receive child benefit for a couple of years and recently we stopped as the salaries went above the allowed threshold so we asked HMRC to stop it.

How can we proivde proof on the PR application for the Child benefit? I don't really wish to give them bank statements.

If anyone experienced the same issue, please advise.

[noajthan]

Is wife applying in own right?
As a BC you can't sponsor her anymore except in special circumstances.

[Jersey]

Is wife applying in own right?
As a BC you can't sponsor her anymore except in special circumstances.

We apply using my EU citizenship, as I'm also EU citizen and that's how she was allowed to enter the country as NON-EEA national. I'm her sponsor for the purpose of PR application.

[noajthan]

Is wife applying in own right?
As a BC you can't sponsor her anymore except in special circumstances.

We apply using my EU citizenship, as I'm also EU citizen and that's how she was allowed to enter the country as NON-EEA national. I'm her sponsor for the purpose of PR application.

The devil is in the detail.

Under UK law you are no longer considered EU unless you can invoke McCarthy.
If you can then all good.

Worth checking if not done so already.

[Jersey]

Is wife applying in own right?
As a BC you can't sponsor her anymore except in special circumstances.

We apply using my EU citizenship, as I'm also EU citizen and that's how she was allowed to enter the country as NON-EEA national. I'm her sponsor for the purpose of PR application.

The devil is in the detail.

Under UK law you are no longer considered EU unless you can invoke McCarthy.
If you can then all good.

Worth checking if not done so already.

What is McCarthy?

[noajthan]

Google: direct family member pdf'
(I don't have it on my phone).

[Jersey]

It's not actually necessary to complete that section at all.

To make your life easier (as you are both EEA citizens), have a look at this form instead: https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf

Since 18th March 2016, there is a new form: https://www.gov.uk/government/uploads/s ... _03-16.pdf

In page 81 it does ask to provide evidence of benefits the applicant receives/have received (related to section 16 in the application form) . Do you still believe it's not necessary to complete that section?

[noajthan]

Some questions on ythe UK form go aboveand beyond what is required by UK law.
One can only imagine for what uses such information may be kept for.

Currently its not mandatory to use the current 'monster' form. An earlier, simpler version (or even a letter) may be uaed.
Missing infirmation will lead to refusal though.

My understanding is that changes from 1 Feb when an official form is expected to be used.

[noajthan]

Google: direct family member pdf'
(I don't have it on my phone).

fyi - the McCarthy transitional arrangement for dual nationals (also applies to those who naturalised as a BC later):
https://www.gov.uk/government/uploads/s ... als-v4.pdf
= page 28+

As can be seen the ability to invoke the arrangement relies on possession of a certain EU document by certain critical dates in 2012.

[Jersey]

Google: direct family member pdf'
(I don't have it on my phone).

fyi - the McCarthy transitional arrangement for dual nationals (also applies to those who naturalised as a BC later):
https://www.gov.uk/government/uploads/s ... als-v4.pdf
= page 28+

As can be seen the ability to invoke the arrangement relies on possession of a certain EU document by certain critical dates in 2012.

Thank you