non eea permanent residence questions - please help

[noneeadory]

Hi everybody,

Finally after just over 3 years and a successful appeal I have been granted non eea permanent residence.

I am non eea and my sponsor in the UK is my niece who is an Italian National holding permanent residence as an EU National.

Her sponsorship of me is based on me living with her and her family - I have not been financially supported by her whilst here (but have been residing with her).

Now that i have been granted Non EEA Permanent Residence I have many questions and I can not find the answers to these questions.


1) Do I still have to reside with her or can I leave her house and legally find my own place - or does her sponsorship and the same conditions still have to continue?

2) Previously I was not entitled to claim any UK benefits - but now as a Non EEA Permanent Resident can I claim any of the UK benefits legally (or in the eyes of the UK authorities am I still under her sponsorship and not entitled)?

3) I would like to bring my non EEA husband over to the UK - am I entitled to do this as a non eea permanent resident and what are the requirements for doing this.

I understand how to do this if I naturalise as a British national but can i do this now that i am a non eea permanent resident under European Law AND if I can is this easier than doing this as a naturalised British person under UK Immigration Law.

Thank you for reading this and helping me with my questions, best wishes, Dory.

[CR001]

I will answer what I am able to.

2) Previously I was not entitled to claim any UK benefits - but now as a Non EEA Permanent Resident can I claim any of the UK benefits legally (or in the eyes of the UK authorities am I still under her sponsorship and not entitled)?

Should be fine, based on whatever your circumstances are.

3) I would like to bring my non EEA husband over to the UK - am I entitled to do this as a non eea permanent resident and what are the requirements for doing this.

You will need to apply for a spouse settlement visa. Your husband will need to meet the English requirement and YOU will have to meet the £18,600pa financial requirement. Any benefits your claim DO NOT count towards the financial requirement. You also have to prove you have adequate accommodation and will have to submit evidence of subsisting relationship with your spouse. When did you get married??

[noneeadory]

Thank you for very quick reply.

I'm from the Philippines - married my husband who'se still in the Philippines over 20 years ago.

My question about benefits was mainly to do with Working Tax Credit and Child Tax Credit - I have my 12 year old daughter living here with me in my nieces house and I'm a hospital cleaner minimum wage.

Have been here now just over 8 years and because of my nieces sponsorship I haven't been legally able to qualify - but now with PR I was wondering if I will be able to (or is she still my sponsor and I don't qualify?)

Thanks for answer about bringing my husband here - does that mean then that there is no difference to the applying process whether I do it as a non EEA Permanent Resident or if and when i naturalise as a British national?

You seem very knowledgeable - is there a difference between Non EEA Permanent Residence and EEA Permanent Residence?

Thank you again, best wishes, Dory

[secret.simon]

I have been granted non eea permanent residence.

Have you been issued a Permanent Residence Card or have you been issued a Residence Card as the EFM of an EEA citizen (your niece)? Check your Card as they have different rights.

3) I would like to bring my non EEA husband over to the UK - am I entitled to do this as a non eea permanent resident and what are the requirements for doing this.

You will need to apply for a spouse settlement visa. Your husband will need to meet the English requirement and YOU will have to meet the £18,600pa financial requirement. Any benefits your claim DO NOT count towards the financial requirement. You also have to prove you have adequate accommodation and will have to submit evidence of subsisting relationship with your spouse. When did you get married??

If you have been issued a Permanent Residence Card, CR001's answer is correct.

However, if you have been issued a Residence Card, as the EFM of an EEA citizen, non-EEA family members do not have any independent right to sponsor anybody else. The only person who can sponsor family members under the EEA Regulations is the EEA Citizen himself/herself. Your spouse will have to meet all the requirements of being an EFM of the EEA citizen himself/herself.

You seem very knowledgeable - is there a difference between Non EEA Permanent Residence and EEA Permanent Residence?

EEA citizens (either qualified persons exercising treaty rights in the UK or holding Permanent Residence) can sponsor family members under the EEA Regulations.

Non-EEA citizens with Permanent Residence can only sponsor family members under the much tougher UK Immigration Rules, which requires an annual salary of £18,600 to sponsor a non-EEA spouse.

[noneeadory]

Thank you CR001 and secret.simon for your answers.

Have just received my BRP card in the post now.

At the top it says 'RESIDENCE CARD' and then in the middle under the heading 'Type of Permit' it says 'PERMANENT RESIDENCE', 'Remarks' 'WORK PERMITTED' and at the bottom it says 'RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN'.

With regards to my question 2) it seems that the opinion is that I can claim Working Tax Credit and Child Tax Credit now for my daughter who lives with me (and my niece/EEA sponsor) so I am going to give it a try.

With regards to my question 3) I fully understand now and either way it will be hard but I think I will first become naturalised as a UK national before trying to get my husband here.

But my outstanding question is number 1) and I want to move out from my sponsor's home and live somewhere else with my daughter - we have been with my niece/sponsor for just over 8 years now. I don't want to move out and live on our own if that is breaking the regulations of the EU rules of 'sponsoring' a non eea extended family member (although now I think I am considered to be a Family Member - but won't be after Brexit).

If I move out and then when applying for naturalisation as a UK national give a different address to my sponsor and the Home Office says I have broken the terms of EU regulations by not being sponsored anymore. (At my appeal hearing when I was turned down initially for PR, I had to then show dependency either financial or residential - I was not and am not financially dependent on my sponsor as I work but I was and still am residentially dependent on her as we live together.

I was really hoping that with my Permanent Residence being granted that I could continue to live in the UK without having to be sponsored and could get my own place to live with my daughter but can't find a factual answer to this and I don't want to break the rules.

If anybody could help me answer this, I would be so happy.

Thank you and wishes,
Dory