EEA Housewife married to BC - EEA(PR) sponsorship possible through BC activity?

[ariskar]

I am asking regarding the case of an EEA citizen (other than Britain) that was resident in Britain for 7 continuous years as the housewife of a British citizen and has not been doing continuous "qualifying activity" under EEA(PR) (employment, self-employment, studies), without continuous CSI for a continuous 5 year time. Therefore she would fall short of applying for EEA(PR) by herself as self-sufficient. She holds an EEA registration certificate and a NINo. The husband (British) has been performing continuous "qualifying activity" under EEA(PR) rules (employment, etc.).

Can the EEA spouse claim EEA(PR) based on the British (EEA) spouse qualifying activity in the UK?


I.e.: Can a British citizen be considered also EEA sponsor for PR purposes of an EEA (non-British) spouse?

If not, can the EEA spouse of BC apply for SET(M) ILR under the 5 year route, considering that she held no spouse visa in the past?

Subsequent talk: Then the EEA spouse could apply immediately for Naturalisation. In this case, without stamped passport and work activity, how would a spouse prove residence in subsequent AN application, without employment record? Would council tax bills, driving license and bank statements suffice?

[Casa]

I am asking regarding the case of an EEA citizen (other than Britain) that was resident in Britain for 7 continuous years as the housewife of a British citizen and has not been doing continuous "qualifying activity" under EEA(PR) (employment, self-employment, studies), without continuous CSI for a continuous 5 year time. Therefore she would fall short of applying for EEA(PR) by herself as self-sufficient. She holds an EEA registration certificate and a NINo. The husband (British) has been performing continuous "qualifying activity" under EEA(PR) rules (employment, etc.).

Can the EEA spouse claim EEA(PR) based on the British (EEA) spouse qualifying activity in the UK?


I.e.: Can a British citizen be considered also EEA sponsor for PR purposes of an EEA (non-British) spouse? No

If not, can the EEA spouse of BC apply for SET(M) ILR under the 5 year route, considering that she held no spouse visa in the past? No as SET(M) is under the UK Immigration Rules, not EEA Regulations.

Subsequent talk: Then the EEA spouse could apply immediately for Naturalisation. In this case, without stamped passport and work activity, how would a spouse prove residence in subsequent AN application, without employment record? Would council tax bills, driving license and bank statements suffice?

[ariskar]

Thank you Casa.

Therefore the choice for that person would be to wait for Brexit and later apply for FLR(M)?

Or alternatively, is the 10 year long residence route applicable for EEA residents?

[Obie]

Has the husband ever resided in another memberstate with her?

It use to be possible for an EEA national to qualify for SET (M), but that is no longer possible.

[ariskar]

Has the husband ever resided in another memberstate with her?

It use to be possible for an EEA national to qualify for SET (M), but that is no longer possible.

They have met, married and lived together only in the UK. The British spouse (husband) has been British by birth in UK & Jus sanguinis. The EEA spouse (wife) is not doing "qualifying activity" at the moment, living in UK as a housewife. The EEA spouse had short discontinuous periods of work during the 7 years of continuous physical residence in the UK.

Thank you Obie.

I suspect a legal gap for non PR qualifying activity EEA spouses of BC post Brexit...

To my current understanding, a person as the aforementioned would have to apply for FLR(M) or similar in a post Brexit Britain and settle down on a tricky SET(LR) 10 year route including EEA residence based periods that she didn't hold dependant status on the BC as she could not obtain dependent visa, being an EEA citizen & resident of the UK... Does this make sense?

[CR001]

To my current understanding, a person as the aforementioned would have to apply for FLR(M) or similar in a post Brexit Britain and settle down on a tricky SET(LR) 10 year route including EEA residence based periods that she didn't hold dependant status on the BC as she could not obtain dependent visa, being an EEA citizen & resident of the UK... Does this make sense?

She cannot apply using Set(LR) 10 years long residence route as she has not been a qualified person exercising treaty rights.

[ariskar]

Interesting. Therefore this person in these circumstances would have to wait for Brexit in order to become a spouse dependent of BC while still staying in the UK without a visa as an EEA, then wait another 5 years for ILR? She would have 12-13 years of continued lawful residence by then...