UK Immigration Law
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Thanks for your question.
What absences from the UK have you had (approximately) from the UK in the past four years?
The absences I had from UK in the past 4 years were a couple of holidays, approximately once a year which lasted no more than 1 month.
CAn you tell me how long your husband was not working for please?
I will be able to answer in full in an hour.
He didn't work for approximately two years.
When he was first made redundant, he received job seekers allowance for a couple of months.
During this time he did some courses at the university.
I was employed during this time.
I will be able to answer in an hour.
Sure, thanks TOM.
Thanks for your patience.
At the end of the residence card you hold you can apply for Permanent Residence which is confirmation that you are allowed to remain in the UK free of immigration time restrictions. You can only apply for this if you have been continuously working during this time. Similarly your husband must have been exercising a treaty activity which means either working or studying. If there was a prolonged period where he was doing neither then your application may be rejected.
This is what you should apply for before you visa expires.
You can apply for PR using Form EEA4. Here is the link to the form on the UKBA website:-
You will have to send all the supporting documentation you have correctly identified (payslips, tax returns, tenancy agreements etc).
Once you have PR you can apply to be naturalised as a UK citizen 12 months after you have held PR. Here is the link to the information you will need to do this:-
You can only apply for naturalisation if you meet the residenctial criteria in terms of times spent in the UK and you will have to check that you are eligible with regard to the potential days absent resulting from your husband's continental work at the time:-
Once you have UK citizenship you cannot lose it. If you only have PR then this can be revoked after 6 months outside the UK.
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I will answer your follow up questions you may have.
Thanks for your feedback and time.
I recon if I provide all the supporting documentation regarding the two year period when my husband was not working, instead studying, also the documentation proving that I was working and we were self suficient during that period, shouldn't be a problem to my PR be granted, should it?
Also should be ok, if I send my application to home office after I am back from my holdiday in May, 20 days before my visa expire, right?
Tom, am I right that it's not necessary to fill out sections 4 untill 8 of the EEA4?
Do you think it would be beneficial to us, considering the sporadic contracts my husband might get in the continent, if my husband would apply for a permanent residence here in UK as well, even if it's not necessary because he is German? His 'RESIDENCE PERMIT FOR A NATIONAL OF A MEMBER STATE OF THE EEC' card it's over 5 years now, so he could apply for PR couldn't he?
Many thanks in advance.
If he was studying during the two year period and you can prove this with documentation then you should be fine.
Your husband could also apply for PR provided he was studying.
You don't have to complete sections 4 & 5. You do have to complete 6-8.
You can submit the application upon your return in the way you have stated.
Thanks again Tom
When you said that my husband could also apply for PR provided he was studying during the two year period when he was unapployed, which form whould he need to use for his application?
Would the 6 month outside UK rule apply to him as well and make him loose his PR, if he gest one? Even he being German.
When he was studying, it was not full time, all year around courses, it was part time courses. Could he still apply for the PR? Do you think because it was part time courses would that have a negative impact in mine and his application for PR?
He can apply providing he was studying or otherwise self-sufficient. He would have to apply using Form EEA3. If the UKBA decided he was not either studying or otherwise self-sufficient then this could impact negatively, yes. It would depend on the amount public funds he had claimed
He would also lose his right to apply to PR if out of the country for 6 months before her got it.
EEA3! Fantastic, we will take a look in it.
Alright, if it would depend on the amount of public funds he had claimed, don't think it will be a problem. He just claimed once the standard +/- 3 months job seekers allowance during the last 5 years.
But once he has the PR, being out of the country for more then 6 months wouldn't make him loose the PR I believe then.
Yes, no hurry.
I just want to make sure I get the things right.
I also want to go through the link you sent me about the naturalization, to check if I have any question regarding that.
When I go on my holiday in May, if an eventually happens and I can't get back to UK before my visa expires (for instance a vulcano somewhere explodes and I can't fly back or something like that).
Would I be able to re enter the country and apply for my PR normally?
I can't answer right now.
If could answer my question posted 2:26pm still today would be great.
The one I posted 1:22 can be answered next week at your convinience.
Many thanks in advance and have a nice weekend.
I believe you would still be able to apply for PR even though your residence card had expired. Your right to be here does not derive from the card itslef but from the fact that your spouse is here.
I will answer the other part on Monday if that's okay.
Thanks for your feedback. If you could take a look in the question at 1:12pm from friday, would be great.
Tomorrow or anytime this week is fine.
Many thanks again
I read the forms in the links your sent me, and I think I might have found the answer of my pending question (time 1.22pm) in the BOOKLET AN - NATURALISATION BOOKLET - THE REQUIREMENTS 6.(ii) where it says:
"Permanent residence status will be lost if an applicant is out of the UK for a continuous period of 2 years or more (as is the case with ILR)"
I'd like to confirm with your if it's right, does a person from EEA ares looses his/her PR if the person is outside of UK for continuous 2 years?
Another things that came up when I read the forms, in part 1.B of the BOOKLET AND - NATURALISATION BOOKLET - THE REQUIREMENTS, is, if I got for naturalizations in the future, will it be based on my residence here during 5+ years or being partner of an EEA citizen?
I ask the above so I can position myself in case my husband is out of the country on work, when the time arrives.
Lastly, regarding FORM AN - Applicationi for naturalisation as British Citizen Section 2.4, I understood that if I have a PR I woulnd't need to fill out this section, correct?
Fantastic Tom. Thanks loads for your help.
Have a nice weekend.
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