Pl help!sec. 9.1 Non EEA national's application for PR card

[Thallam]

Hi everyone,

My friend has an issue which make her feel harder to answer question 9.1
Her case is She is an applicant who is non EEA national and married EEA national ( her husband) and have lived in the uk for 5 yrs now she is applying PR card. Her husband has been living in the UK more than 10 yrs. therefore now he hold slovakia and british citizen. The issue is her husband which is her sponsor doesnt have a DOCUMENT CERTIFIYNG PERMANENT RESIDENCE. The reason is he has been living in the UK more than 7 yrs at the time he applied british citizen in 2013. At the time, he didnt need to apply for document certifiyng permanent residence, he just skipped this step and applied straight to british citizen. So he doesnt have the document
Now in her application form, question 9.1 they ask if you are applying as a family member of EEA national, does the relevant EEA national have a document certifying permanent residence?
Her answer is Yes and no need to answer subsection A and B. Because she think his certificate of naturalisation british citizen is a type of permanent residence).

Is she correct?
Or the answer is NO And she has to answer No and sumbit all information regarding employment and absent in the UK of sponsor in subsection A &B

Hope I can get some help as her visa will be expired within next few weeks.

Thank you so much for taking time to read my topic! I reallt appreciate it.

Enjoy your day!

[alterhase58]

The "Certificate of Naturalisation" confirms British citizenship has been awarded to a person. It has nothing to do with PR. From my reading of discussions here, a British citizen also holding EU citizenship currently cannot act as sponsor of a non-EU national, so there may not be any basis to obtain PR for the non-EU partner. Other forum members may answer in more detail.

[CR001]

It has nothing to do with PR. From my reading of discussions here, a British citizen also holding EU citizenship currently cannot act as sponsor of a non-EU national, so there may not be any basis to obtain PR for the non-EU partner. Other forum members may answer in more detail.

Not unless the OPs 'friend' falls under the McCarthy provision and obtained a residence card before July 2012.

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

[Thallam]

Hi CR 001

My friend who is non EEA application received her 5 yrs residence card in 16 jul 2012. In 2012 her husband EEA national didnt hold british citizen yet, he came to the UK in 2004. Till 2013 he applied british citizen without obtaining a document certifying permanent residence. He said at that time, he didnt need because he has been living in the uk for so long and he was automatic become pr without having any document certifying pr. and in 2013 he got british citizen. Now in 2017,jul his wife finishes 5 yrs period and about to apply Pr under EEA.

Could you think she still can apply pr under eea rout as he is also eea national. And how to answer question 9.1? Hope you can help. Thank you so much for your help.

[Thallam]

The "Certificate of Naturalisation" confirms British citizenship has been awarded to a person. It has nothing to do with PR. From my reading of discussions here, a British citizen also holding EU citizenship currently cannot act as sponsor of a non-EU national, so there may not be any basis to obtain PR for the non-EU partner. Other forum members may answer in more detail.

Thank you for your answer. You meant she is not allowed to apply pr under eea route even she is living in the uk under 5yrs residence card of a family member of eea. Nontheless i have heard some people hold british and irish citizen, when their spouse apply visa to leave in the uk, they chose irish citizen to sponsot for their wife under eea route which is easier and cheaper. So now i am confused. >.< dont know which form she needs to use to apply for PR.