Guidance for permanent residence application

[herringnl83]

Hello, I am hoping to get some guidance about EEA permanent resident card applications for both my husband (married 19 December 2011) and his daughter (born 2009). They are both Vietnamese nationals.

We moved to the UK from Vietnam on 26 March 2012 with EEA Family Permits. I was their sponsor (I am Dutch) and I already have my EEA Permanent Resident Certificate.

They both have EEA Resident Cards registered on 27 December 2012, which have now expired on 27 December 2017.

There is a complication in that my husband and I have separated since August 2016, but we are still legally married. Since then we no longer live at the same address. But his daughter does still live with me at my address, together with the daughter we have together (born 2011; she is a Dutch national like me).

It is my understanding that as we are not divorced, "retained right of residence" is not applicable here, but I am unsure whether there will be a problem as I do not reside at the same address as my husband.

Another possible issue is that he is self-employed, although he has an accountant who takes care of his tax returns etc.

It is also my understanding that, one year after holding his EEA Permanent Residence Card, my husband will be able to apply to be naturalised as a British Citizen. However I am not sure if his daughter will be able to as she is still under 18? Or will they allow her to naturalise on the basis that it is in her best interest because all her immediate family members would have Dutch/British passports and she would be the only one with a Vietnamese passport?

Any help/guidance would be very much appreciated! As his residence card has expired he is unable to rent a place to live at the moment, so he is eager to get proof of residence back asap!

[Obie]

When did you get EEA permanent Residence certificate and on what basis did you get it.

I am surprised that he has been refused the right to rent, he should apply for Permanent Residence, unless he does not qualify due to absence.

[Wise]

Just to assured you. Your case is not complicated at all and as you have pointed out, retained right of resident does not applicable to both your husband and his first daughter not until you are both divorce come what may!

.Your separation was irrelevant under the EU law.
.Your husband work activities was also irrelevant under the same law. But is good for him to show he lives in
UK.
.Your husband can naturalize if he wants to in future after a year with his PR.
.Your husband first daughter also can be British if he can afford the money for both of them at the same time.But not same process with her dad.

However, it will be helpful if you're in a possession of your own PR as you have stated, because it will make their journey straight forward and easy. Otherwise you need to provide your husband all your 5yrs treaty right in UK for him to make a successful PR application together with his daughter.


Good luck.

[Wise]

On the issue of renting. Assuming he has apply for his PR since December 2017, by now he would have got his Certificate of application which could have been useful for renting and his lawful resident in UK. But if he doesn't have it, then the only option is to use your house to make application.