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EEA(PR) Version 01/2018 For SPOUSE

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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Mariachi1985
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EEA(PR) Version 01/2018 For SPOUSE

Post by Mariachi1985 » Thu Mar 22, 2018 8:22 pm

Hi

I’m a Romanian national married to British citizen since 2012 and would like to apply for permanent residence in the UK but I find form EEA(PR) Version 01/2018 confusing.

Please can anyone advise as a spouse of British citizen which category of application in Section 3 should I tick?

Thank you in advance for your help with this
Maria

Mariachi1985
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EEA(PR) application as British citizen Spouse

Post by Mariachi1985 » Thu Mar 22, 2018 10:15 pm

Hi

I am a Romanian citizen married with British citizen since 2012 and I would like to apply for permanent residence. I have already applied once and have had the application rejected however, I believe I might have filled in the form incorrectly. Please can you help with the following sections:

- Section 3: 3.1 do I have to tick 2nd check box: Complete sections 5, 9, 16, 17, 18 and 19.
- Section 3: 3.2 do I have to also tick the first box: Complete section 11.
- Section 9: 9.1, 9.2 and 9.3 - do these refer to my husband who is the British citizen and if I answer yes to all of them, do I then go straight to Section 16?

How much evidence do I need to provide as the wife of a British citizen? I have been working since 2014, we have bought a house together, cars etc.

Please help me
Thank you
Maria

secret.simon
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Re: EEA(PR) application as British citizen Spouse

Post by secret.simon » Fri Mar 23, 2018 7:57 am

Mariachi1985 wrote:
Thu Mar 22, 2018 10:15 pm
I am a Romanian citizen married with British citizen since 2012
Mariachi1985 wrote:
Thu Mar 22, 2018 10:15 pm
I have been working since 2014
If you started working in 2014, you will likely only be eligible for PR in 2019. Did you have CSI (private health insurance) in the UK between 2012 and 2014?

Your British citizen spouse cannot sponsor you for EEA PR. You will need to meet the requirements (five continuous years of exercising treaty rights) on your own.
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.

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CR001
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Re: EEA(PR) Version 01/2018 For SPOUSE

Post by CR001 » Fri Mar 23, 2018 9:31 am

As an EU citizen, you would need to qualify for PR in your own right.

Have you been exercising treaty rights for 5 years in the UK??
Char (CR001 not Casa)
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CR001
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Re: EEA(PR) Version 01/2018 For SPOUSE

Post by CR001 » Fri Mar 23, 2018 9:31 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Mariachi1985
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Re: EEA(PR) Version 01/2018 For SPOUSE

Post by Mariachi1985 » Fri Mar 23, 2018 5:57 pm

Thank you very much for your responses.

Can you please clarify why my British citizen cannot also be my sponsor?

secret.simon
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Re: EEA(PR) Version 01/2018 For SPOUSE

Post by secret.simon » Fri Mar 23, 2018 6:13 pm

Mariachi1985 wrote:
Fri Mar 23, 2018 5:57 pm
Thank you very much for your responses.

Can you please clarify why my British citizen cannot also be my sponsor?
Because the EU freedom of movement rules only apply if the EEA citizen is in an EEA member-state of which s/he is not a national. So, a British citizen (and by extension their family members) cannot benefit from EU freedom of movement rules if the British citizen has remained in the UK.

You, as a Romanian citizen in the UK, can benefit from the EU freedom of movement rules if you exercise treaty rights by either working, seeking work, studying or being self-sufficient. The latter two require CSI (private health insurance).

You can exercise treaty rights by being self-sufficient by being dependent on your British husband and having CSI.
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.

Mariachi1985
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Re: EEA(PR) Version 01/2018 For SPOUSE

Post by Mariachi1985 » Fri Mar 23, 2018 6:37 pm

Thank you for clarifying. I have had private health insurance from 2010 onwards apart from year 2013 when a clerical mistake was made and I ended being without private insurance and therefore not having five continuous years...pffff why is everything so complicated....

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