EEA housewife requirements for PR

[Aerolight]

Hi,

I'm a Portuguese national working continuously in the UK since 2005 (studying in UK between 2001 and 2005) and living together with my wife since 2003 who has never worked in the UK.

I would like to know what are the requirements that she needs to fulfill to be able to apply for a Permanent Residency.

Does she need to have comprehensive health insurance cover (we've only been made aware of this recently) or equivalent (like an S1 form issued by the Portuguese Social Security)?

How can she prove that she has been 5 years in UK if she does not have any household bills in her name, only bank and mortgage statements?

Thanks for any help.

[noajthan]

How long has wife lived in UK?
When did you marry?
No CSI if you (sponsor) were a worker.

Potential proofs of residence:

• Tax documents;
  Council tax bills;
  Utility bills;
  Voter registration/electoral roll;
  Insurance (house/car etc);
  Driver's license;
  School letters (to parent if you have a child);
  Health authority letters;
  Doctor/dentist/optician/clinic records;
  Church/temple/mosque records;
  Community groups/volunteering-related stuff;

& etc etc

[Aerolight]

When married in 2003, the same year that she moved to the UK.
Is she considered a self-sufficient person or a dependent?
The HO Document Free Movement Rights: Direct family members of European Economic Area (EEA) nationals quotes the following:

If the applicant cannot meet their essential living needs without the financial support of the EEA national, they must be considered dependent even if they also receive financial support or income somewhere else.

[noajthan]

Sounds like direct family member.
Find 5 continuous years since 2003 when you were a worker.
That way no need for CSI (either party).

[Aerolight]

I'm a bit confused now.
After reading through many threads, I'm under the impression that she would fall under the following paragraph of the Directive 2004/38/EC:

...
Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or
(c) – are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and
– have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence; or
(d) are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a), (b) or (c).
...

The way I interpret this is that I statisfy criteria 1a, and because my wife is a family member (EEA national) she satisfies criteria therefore not needing CSI. However, having been in contact with an immigration solicitor's office they said that she cannot apply as a family member and has to apply as a self-sufficient individual (because she has never worked ) which I my view contradicts the wording of the directive.

Is there any clear and unambiguous guidance in this? I'm afraid that I have not found it and would greatly appreciate I someone indicated where to find it.

Thanks

[MrSlyFox]

I'm a bit confused now.
After reading through many threads, I'm under the impression that she would fall under the following paragraph of the Directive 2004/38/EC:

...
Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or
(c) – are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and
– have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence; or
(d) are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a), (b) or (c).
...

The way I interpret this is that I statisfy criteria 1a, and because my wife is a family member (EEA national) she satisfies criteria therefore not needing CSI. However, having been in contact with an immigration solicitor's office they said that she cannot apply as a family member and has to apply as a self-sufficient individual (because she has never worked ) which I my view contradicts the wording of the directive.

Is there any clear and unambiguous guidance in this? I'm afraid that I have not found it and would greatly appreciate I someone indicated where to find it.

Thanks

Hello,
Your wife can apply as a family member of a worker (I.e. you) with no need for CSI.

Here is the guidence for family members of EEA Nationals: https://www.gov.uk/government/uploads/s ... als-v4.pdf