[mamoudradwan]

Im non EEA married to my EEA wife and moved to the UK in 2010. my wife is self sufficient and I'm full time worker since 2010. we had the 5 years card till last year, we applied for the permanent card and got refuse on the basis that i didn't have private health insurance. then i applied for my wife again for it and she got the permanent residence in 4 weeks. I applied for another 5 years card and I'm still waiting!!the question is: since my wife has a permanent residence - the home office in the application doesn't ask about CSI - Shall i apply for a permanent residence straight away or wait until i receive a decision regarding the 5 years card or cancel the 5 years application form?
The other question am I eligible to apply for naturalisation now since i have been in the country for more than 6 years now? and if I'm eligible can i just go straight and apply for naturalisation without applying for permanent residence card?
Finally we have a new baby now and I'm aware that he gets the British citizenship automatically so i wonder how can i get a passport for him
I really appreciate your help

 

[Joppa]

You still need CSI for residence card and therefore for permanent residence as well.
You can't apply for naturalisation without first getting PR card.

 

[mamoudradwan]

Thanks Joppa for your reply, I'm not trying to argue with you But on the application for for the PR card they ask if your partner has a PR card and you are including it with your application it directs you into a different part in the application form which doesn't ask you about the activity of the EEA member
Thanks a lot

 

[Joppa]

You still need CSI. I'm surprised your partner got PR without CSI. It must be a mistake, and when that is realised, you will need CSI as well. How did she answer the question about exercising treaty right in UK?

 

[mamoudradwan]

You still need CSI. I'm surprised your partner got PR without CSI. It must be a mistake, and when that is realised, you will need CSI as well. How did she answer the question about exercising treaty right in UK?

Thanks a lot Joppa
Sorry I was not very clear regarding the SCI
My wife has CSI for the past 6 years but I have only for the past 2 years.
My wife applied individually for her PR in the second attempt and she got it but in the first attempt we applied together and the refusal was because we didn't have SCI covering 5 years together. There was no mistakes in her application as she was self sufficient
My question is now she has PR card and I would like to apply for my PR on this ground in section 9 of the new PR form it says that if the relevant EEA i.e. The sponsor has PR card and it is going to be sent with the application we don't need to fill in the section of EEA activity during the last 5 years - Is my understanding correct?
And the last question is my new born baby how can I get British passport for him? Is the nationality will be written in his birth certificate?
Thanks again for your help

 

[Joppa]

I still can't see how you can get out of having CSI for the full 5 years for PR.
To apply for your new born's British passport, you will need his birth certificate (the full form which you have to pay for stating both parents, which doesn't state nationality) and your wife's PR card.

 

[mamoudradwan]

Thanks a lot Joppa, that is very helpful
Just posting below here the rights to apply for the PR card
Eligibility
You must normally have lived in the UK for a continuous period of ve years as:
• an EEA national ‘quali ed person’ (worker, self-employed, self-suf cient, student or jobseeker),
• a family member or extended family member* of an EEA national quali ed person or permanent resident,
• a former family member of an EEA national if you’ve retained your right of residence after the EEA national died or left the UK, or your/their marriage or civil partnership ended in divorce, annulment or dissolution, or
• a family member of a British citizen who worked or was self-employed in another EEA state before returning to the UK (‘Surinder Singh’ cases).
You can also qualify if you are:
• an EEA national former worker or self-employed person who has ceased activity in the UK because you have retired, are permanently incapacitated, or you’re now working or self- employed in another EEA state but still retain your residence in the UK,
• the family member or extended family member* of an EEA national who has ceased activity, or
• the family member or extended family member* of an EEA national former worker or self- employed person who has died.

 

[Joppa]

The thing, though, is that you haven't paid your CSI for full 5 years when your spouse has been self-sufficient. I still can't see why you should be eligible for PR. UKVI will look up your previous denied application and see the reason for it. See what happens.

 

[mamoudradwan]

Joppa
Please have a look on this document and let me know what do you think again about my situation . When I applied for my wife's registration certificate we got it in the basis that she is a student and self sufficient


https://www.gov.uk/government/uploa..._insurance_for_family_members_of_students.pdf

 

[Joppa]

On what basis do you think the document is relevant to your situation?

 

[mamoudradwan]

That my wife had CSI for the past six years i.e. Since 2010 and I have SCI since January 2015
My wife got her treaty rights as a student and self sufficient ( letters from schools and financial support letter relaying on my income)
Do you think this document is relevant?
Because when I did my original EEA 1and 2 in 2010 they didn't ask about the SCI for me
Thanks for your help Joppa

 

[Joppa]

But you were refused permanent residence because of not having full record of CSI? Are you suggesting they made a mistake?

 

[mamoudradwan]

Yes that is what I'm thinking of
What do you think? I'm still waiting to hear from them regarding my EEA2 ... as mentioned above after the home office refused my PR card and my changing jobs and the brexit I thought I should apply again for another 5 years card
But after reading this document I think I'm eligible for the PR
Thanks again for your help

 

[mamoudradwan]

Yes they must have made a mistake as the 2010 policy has my wife's name on it and the 2015 policy has both my name and my wife's name

 

[Joppa]

Well, then appeal but I don't know if they will change their mind.

 

[today]

Yes they must have made a mistake as the 2010 policy has my wife's name on it and the 2015 policy has both my name and my wife's name

Did you mean you paid for both but the insurance company who took your policy in 2010 mistakenly omitted your name?

 

[mamoudradwan]

Well, then appeal but I don't know if they will change their mind.

Unfortunately I'm far after the appeal dead line. I'm waiting to get the 5 year residence card now- applied in may 2016 then I'll apply for my PR card and just in case I will include this guidelines with the application

 

[mamoudradwan]

Did you mean you paid for both but the insurance company who took your policy in 2010 mistakenly omitted your name?

No
The home office made a mistake by refusing my application as they request insurance for the non EEA before April 2015
Before 2015 the legalisations were not clear and they didn't use to ask for both EEA and non EEA CSI. In 2015 they stated that both partners must have the CSI for 5 years before applying for the PR

 

[mamoudradwan]

Joppa
Please have a look on this document and let me know what do you think again about my situation . When I applied for my wife's registration certificate we got it in the basis that she is a student and self sufficient


https://www.gov.uk/government/uploa..._insurance_for_family_members_of_students.pdf

A quick update
i was granted the RC card in november 2016
As you may be aware. i applied again for the PR in February 2017 and in June i was granted the PR card and the PR status since 2015( the same date as my wife)