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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir / MadamWas hoping you could clarify the chances

Resolved Question:

Dear Sir / Madam

Was hoping you could clarify the chances of me securing UK Indefinite Leave to Remain and / or UK Passport. My situation is as follows:
- My wife is EU National (Belgium) Married since 2006, I am New Zealand National
- We have been living in the UK since Jan 2005
- I was employed in the Finance Sector in London from Jan 2005 - March 2009 - have documentary evidence to show this
- My wife was exercising EU Treaty Rights in UK as she was self employed from Feb 2005 to April 2010 - she has HMRC statements to show self assessment tax forms - however because she did not earn above the tax free threshold she did not have to pay any tax
- I financially supported my wife completely from Jan 2005 to April 2010
- I have been self employed from April 2009 to the present date and have HMRC tax statements to show this
- My wife has been employed on part time basis since May 2010 to the Present Date - have evidence to support this
- We had private medical insurance provided by my previous employers from Jan 2005 to April 2009 - trying to get the documentation for this
- My wife is not yet applying for permanent UK residence as yet

Could you please provide some guidance as to what my chances are like and what I need to do to strengthen my application?

Many Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

You would not be eligible to apply to be naturalised as a UK national because you must be free of immigration time restrictions in order to do this. If you are her on the basis of EEA rights (ie. Your wife) then this means you must hold Permanent Residence. Essentially this is ILR by another name.

 

IN order to apply for PR you and your wife must have been in the UK for a continuous period of 5 years (with short absences permitted), You must have both been exercising treaty rights, which means either by working in an employed or self-employed capacity, studying or otherwise being self-sufficient.

 

On the facts as you have explained and with the documentation you refer to you are eligible to apply for PR. You would have to apply using UKBA form EEA4

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.
Tom thanks for your reply. You mention that I can apply for ILR based on the fact that myself and my wife have both been exercising treaty rights for at least the continuous period of 5 years.
Despite being self employed for 5 years, does the fact that my wife has not paid UK tax (because she has not earned above the tax free threshold) mean that the Home Office will view this as an EEA National not exercising treaty rights in the UK? In which case we would have to show her as being self sufficient (eg enough funds, private health insurance covering both of us etc)?
Expert:  Thomas replied 2 years ago.

HI,

 

It's "Permanent Residence" that you are eligible to apply for. It's slightly different to ILR which is for person here on other visas (ie. non EEA based leave to remain).


Provided your wife has complied with her tax responsibilities it will not matter that she is below the threshold provided that you can show she was working and was otherwise self-sufficient (ie. not claiming public funds).

 

Trust this clarifies, please click accept.

Tom

Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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