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Permanent resident card for family of British & EEA national

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Tiago1984
Newly Registered
Posts: 5
Joined: Mon Apr 03, 2017 9:20 pm

Permanent resident card for family of British & EEA national

Post by Tiago1984 » Fri Apr 07, 2017 1:13 pm

Dear All,

First of all, many thanks for the unvaluable support that is being given in this forum to all members.

I'm a Portuguese national that has settled in the UK and acquired British Nationality in April 2016. I'm married to a Portuguese citizen and she has been living in the UK since 2007 and I've been supporting her financially, therefore she didn't work or study in the UK. We both have a daughter that was born in Portugal in 2010 and has been living in the UK ever since.

I'm in the process of applying for a permanent residency card for both my wife and daughter and I'm trying to understand what route to take and looked at the following options:

1) Applying as a sponsor for my wife and child by proving my financial background and that I effectively support my family.

2) My wife applying as self sufficient and include my daughter in the application and submit documents that she is supported by me, however, neither of them have CSI.

I've spoken to the HO helpline for EEA citizens and have been told that without CSI it would be difficult to obtain permanent residency status in the UK for both my wife and child which is leaving me extremely worried.

Any support or suggestions in how to successfully apply and obtain permanent residency status in the UK for my family would be much appreciated.

Many thanks in advance,

Tiago.

club569
Newly Registered
Posts: 10
Joined: Sun Apr 10, 2016 10:37 am

Re: Permanent resident card for family of British & EEA nati

Post by club569 » Fri Apr 07, 2017 11:52 pm

Tiago1984 wrote:Dear All,

First of all, many thanks for the unvaluable support that is being given in this forum to all members.

I'm a Portuguese national that has settled in the UK and acquired British Nationality in April 2016. I'm married to a Portuguese citizen and she has been living in the UK since 2007 and I've been supporting her financially, therefore she didn't work or study in the UK. We both have a daughter that was born in Portugal in 2010 and has been living in the UK ever since.

I'm in the process of applying for a permanent residency card for both my wife and daughter and I'm trying to understand what route to take and looked at the following options:

1) Applying as a sponsor for my wife and child by proving my financial background and that I effectively support my family.

2) My wife applying as self sufficient and include my daughter in the application and submit documents that she is supported by me, however, neither of them have CSI.

I've spoken to the HO helpline for EEA citizens and have been told that without CSI it would be difficult to obtain permanent residency status in the UK for both my wife and child which is leaving me extremely worried.

Any support or suggestions in how to successfully apply and obtain permanent residency status in the UK for my family would be much appreciated.

Many thanks in advance,

Tiago.
Hi,you can't sponsor your family because you are British citizen,so your wife must apply on her own route EEA with daughter as self sufficient person but must have CSI

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Permanent resident card for family of British & EEA nati

Post by vinny » Fri Apr 07, 2017 11:54 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Permanent resident card for family of British & EEA nati

Post by secret.simon » Sat Apr 08, 2017 11:33 am

If you were exercising treaty rights since the time of your marriage and five continuous years have elapsed since then and neither your wife nor you have had long absences from the UK, then your current British citizenship would not affect the PR that your wife would have automatically acquired as the spouse of an EEA citizen before April 2016.

So, to help us guide you further, can you provide us with the following information;
a) When did you move to the UK? When did your daughter move to the UK?
b) When did you marry your Portuguese spouse?
c) How did you exercise treaty rights in the UK between the date of your arrival and April 2016 (if by various means, provide breakdown with dates)?
d) Any absences of six months or over for your wife, your daughter and yourself.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tiago1984
Newly Registered
Posts: 5
Joined: Mon Apr 03, 2017 9:20 pm

Re: Permanent resident card for family of British & EEA nati

Post by Tiago1984 » Sat Apr 08, 2017 3:24 pm

club569 wrote:
Tiago1984 wrote:Dear All,

First of all, many thanks for the unvaluable support that is being given in this forum to all members.

I'm a Portuguese national that has settled in the UK and acquired British Nationality in April 2016. I'm married to a Portuguese citizen and she has been living in the UK since 2007 and I've been supporting her financially, therefore she didn't work or study in the UK. We both have a daughter that was born in Portugal in 2010 and has been living in the UK ever since.

I'm in the process of applying for a permanent residency card for both my wife and daughter and I'm trying to understand what route to take and looked at the following options:

1) Applying as a sponsor for my wife and child by proving my financial background and that I effectively support my family.

2) My wife applying as self sufficient and include my daughter in the application and submit documents that she is supported by me, however, neither of them have CSI.

I've spoken to the HO helpline for EEA citizens and have been told that without CSI it would be difficult to obtain permanent residency status in the UK for both my wife and child which is leaving me extremely worried.

Any support or suggestions in how to successfully apply and obtain permanent residency status in the UK for my family would be much appreciated.

Many thanks in advance,

Tiago.
Hi,you can't sponsor your family because you are British citizen,so your wife must apply on her own route EEA with daughter as self sufficient person but must have CSI
Thanks for your reply. This is in line with the information that I was given by the HO helpline.

Tiago1984
Newly Registered
Posts: 5
Joined: Mon Apr 03, 2017 9:20 pm

Re: Permanent resident card for family of British & EEA nati

Post by Tiago1984 » Sat Apr 08, 2017 3:37 pm

vinny wrote:Wait for the upcoming legal challenge.
Good shout! Thanks for your reply.

Tiago1984
Newly Registered
Posts: 5
Joined: Mon Apr 03, 2017 9:20 pm

Re: Permanent resident card for family of British & EEA nati

Post by Tiago1984 » Sat Apr 08, 2017 3:47 pm

secret.simon wrote:If you were exercising treaty rights since the time of your marriage and five continuous years have elapsed since then and neither your wife nor you have had long absences from the UK, then your current British citizenship would not affect the PR that your wife would have automatically acquired as the spouse of an EEA citizen before April 2016.

So, to help us guide you further, can you provide us with the following information;
a) When did you move to the UK? When did your daughter move to the UK?
b) When did you marry your Portuguese spouse?
c) How did you exercise treaty rights in the UK between the date of your arrival and April 2016 (if by various means, provide breakdown with dates)?
d) Any absences of six months or over for your wife, your daughter and yourself.
Hi secret.simon,

Many thanks for your time in replying to my post.
Please find below answers to my queries:

a) I moved to the UK in 2004. My daughter was born in July 2010 and moved to the UK in August 2010.
b) I married her in July 2007. She moved to the Uk in August 2007.
c) I've exercised treaty rights by working continuously from 2004 to 2016. Since I only had to prove 5 years, I've provided the HO with all my P60s and other documentation from April 2010 to March 2015.
d) No absences for any of us for six months or over.

Many thanks,

Tiago

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Permanent resident card for family of British & EEA nati

Post by vinny » Sat Apr 08, 2017 4:22 pm

Agree with secret.simon.

It looks like your wife and daughter automatically acquired PR as your family members prior to you becoming British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tiago1984
Newly Registered
Posts: 5
Joined: Mon Apr 03, 2017 9:20 pm

Re: Permanent resident card for family of British & EEA nati

Post by Tiago1984 » Sat Apr 08, 2017 4:33 pm

vinny wrote:Agree with secret.simon.

It looks like your wife and daughter automatically acquired PR as your family members prior to you becoming British.
Hello vinny,

Many thanks for your reply. It seems that this is the only route available for me to apply for a residency card.
Would I still use the PR form for application, and if so, is there anything that I would need to highlight in a covering letter or in the application itself?

Kind Regards,

Tiago

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