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PR for Non-EEA spouse of self-employed UK/EU national

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Cocoa
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Posts: 32
Joined: Thu Jun 23, 2011 12:11 am
Location: London
Mexico

PR for Non-EEA spouse of self-employed UK/EU national

Post by Cocoa » Tue Mar 14, 2017 2:36 pm

Hi some questions and context about my situation:


My spouse
My spouse is a dual EU/UK national who has been living in the UK for more than 25 years.

1. Would he also have to request PR so that I can apply for my PR?

2. We don’t have to go UK route as I entered the UK in 2011 correct?



My cards/permits
I am a non-EEA national, and I entered the UK on November 2011 with a EEA Family permit
I received my EEA Family Member Residence card in October 2013

3. Do my time in the UK counts from when I entered (with my Family permit in 2011) or from when I received my Residence card (2013)

Comprehensive sickness insurance
My spouse has been both employed, self-employed and self-sufficient person. He stopped working for nearly a year and during that time he did a part-time course. He then had a temporary contract and he is now back to freelance (self-employed).

I also stopped working to do a full time course for 6 months and after that I was on zero hour contracts and self-employed. I have been back to full back employment for about 7 months now.

4. Would the time we didn’t have comprehensive sickness insurance affect the amount of time the HO considers as 5 years living in the UK as the family member of an EU national? Would I have to take out this time from the time I have in been living the UK?

5. Would my spouse (the dual UK-EU national) have to get comprehensive sickness insurance asap from now as long he continues being self-employed


Travel
I travel for work so I have been outside the EU several times and I have stamps on my passport for these trips but I have not been away for more than 60 days at a time.

6. Would I have to take out any of this travel time from the time I have in been living the UK?

7. For the sake of my paperwork would it be more beneficial to submit my passport and inform my employer I won’t be able to travel until my PR has been processed?

8. Would I tart having trouble at immigration early next year if I come back to the UK after a work trip if my Residence Card has less than 6 months validity?


Switching to UK route
9. Is it possible to switch to UK route voluntarily (as my spouse is a dual EU/UK national) without having to leave the country? What would be the best option ILR or is it possible to get a UK spouse visa? Or is it more likely to obtain the PR EU route?

Further Advice
10. For more detailed advice, roughly what are the starting fees for an agency to a) undertake all the paperwork and for b) only assessing/checking the application before it is submitted.

Alice99
Newly Registered
Posts: 2
Joined: Thu Mar 23, 2017 10:12 am

Re: PR for Non-EEA spouse of self-employed UK/EU national

Post by Alice99 » Thu Mar 23, 2017 10:57 am

Cocoa wrote:Hi some questions and context about my situation:


My spouse
My spouse is a dual EU/UK national who has been living in the UK for more than 25 years.

1. Would he also have to request PR so that I can apply for my PR?

2. We don’t have to go UK route as I entered the UK in 2011 correct?



My cards/permits
I am a non-EEA national, and I entered the UK on November 2011 with a EEA Family permit
I received my EEA Family Member Residence card in October 2013

3. Do my time in the UK counts from when I entered (with my Family permit in 2011) or from when I received my Residence card (2013)

Comprehensive sickness insurance
My spouse has been both employed, self-employed and self-sufficient person. He stopped working for nearly a year and during that time he did a part-time course. He then had a temporary contract and he is now back to freelance (self-employed).

I also stopped working to do a full time course for 6 months and after that I was on zero hour contracts and self-employed. I have been back to full back employment for about 7 months now.

4. Would the time we didn’t have comprehensive sickness insurance affect the amount of time the HO considers as 5 years living in the UK as the family member of an EU national? Would I have to take out this time from the time I have in been living the UK?

5. Would my spouse (the dual UK-EU national) have to get comprehensive sickness insurance asap from now as long he continues being self-employed


Travel
I travel for work so I have been outside the EU several times and I have stamps on my passport for these trips but I have not been away for more than 60 days at a time.

6. Would I have to take out any of this travel time from the time I have in been living the UK?

7. For the sake of my paperwork would it be more beneficial to submit my passport and inform my employer I won’t be able to travel until my PR has been processed?

8. Would I tart having trouble at immigration early next year if I come back to the UK after a work trip if my Residence Card has less than 6 months validity?


Switching to UK route
9. Is it possible to switch to UK route voluntarily (as my spouse is a dual EU/UK national) without having to leave the country? What would be the best option ILR or is it possible to get a UK spouse visa? Or is it more likely to obtain the PR EU route?

Further Advice
10. For more detailed advice, roughly what are the starting fees for an agency to a) undertake all the paperwork and for b) only assessing/checking the application before it is submitted.

Hello,

Can I please ask, what is the 'UK route' ? And when you obtained the EEA FM card, was your spouse British already at that point? Can you selectively choose which nationality to use for getting residence cards? The reason I am asking is I am a EU national, and my unmarried partner has a EEA FM card, but I was worried that if I get citizenship, this will make his residence card invalid as I would first be British, rather than European? Hope this makes sense. Thank you.

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alterhase58
Moderator
Posts: 8280
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: PR for Non-EEA spouse of self-employed UK/EU national

Post by alterhase58 » Thu Mar 23, 2017 12:14 pm

@alice99:
UK route means you are treated under UK Immigration Rules, not EEA rules, and you cannot choose.
If you become British Citizen then you can't sponsor under EEA rules.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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