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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hie I am a bit confused if you could help. I am due to apply . I am sti

Resolved Question:

Hie I am a bit confused if you could help. I am due to apply . I am still married to an eu national from Italy and I have permanent residence granted since October 2012. l have been working continuously 7yrs since getting married. the problem l have my husband has been in employment since 2000 until he lost his job early 2009 in which he has been actively looking job but, in 2010 he had a gap of more than six months not looking because of the birth of my child to help me to be ready to go back to after maternity leave. he continued to actively look in 2011 till we found out that our son had global development in which he finally got diagnosed with autism which gave my husband a further 10months gap in actively looking as he was worried. in this case I do not know whether I qualify naturalisation because of my husband exercising treaty rights although he is not applying to be british. thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.

Thanks question.
You have obtained permanent residence period correct question?
Kind regards
Tom
Customer: replied 2 years ago.

yes

Expert:  Thomas replied 2 years ago.

thanks patience.
I am on my way to work now and will be able to answer in about 45 minutes.
Kind regards.
Tom
Expert:  Thomas replied 2 years ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
The requirements are on the following page:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
You will see that there are no additional requirements -EEA nationals who have been in the UK under EEA rules.
Basically, if the unemployment/not exercising treaty rights were to be a problem then it would have been raised when you applied Residence.
If you have already obtained Permanent Residence then the home office must have concluded that the unemployment did not affect the requirement to have been exercising treaty rights.
Therefore, provided that you meet the other requirements on the above link you will be successful in applying . Please note though that you must have been free from immigration time restrictions least 12 months before you apply, which in your case means that you must have held PR months.
Good luck
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

I thought as much but the checking service said I should compile again the information showing more job searches that he did and responses of which I do not have much of them as other responses were done telephonically and the other job searches were the ones when he was signing in at job centre in which they say they not helpful. what should I do in this circumstance

Expert:  Thomas replied 2 years ago.
,
I would submit what you have got, but if you have already been granted PR then it should not be much of an issue.
The reason that I expect they are asking is because a person technically receives PR after 5 years without actually applying . When you applied , you were actaully applying of PR, rather than actually receiving as a result of the application.
Tom
Customer: replied 2 years ago.

The other option that l have been given is to apply leave to remain and then citizenship to avoid me loosing the money if I am not granted under eea application

Expert:  Thomas replied 2 years ago.
,
It may be a mistake with the form, but if you are certain that you have Permanent Residence AND that you have held it months + AND that meet the other eligibility criteria then you are entitled to apply .
As to the searches that you did telephonically then you can provide telephone records and also a statement from you describing what you did.
Tom
Customer: replied 2 years ago.

yes I am certain with permanent residence I got it in 2012. l myself have been working through out have and meet all the requirements, it is my husband that has gaps with his employment and is eu national while I am his spouse. The same information was sent in 2012 . So the same information that l was intending to send as requested by the checking service is said to be insuffient

Expert:  Thomas replied 2 years ago.
,
Frankly, I'm unconvinced that the checking service is correct if you have PR. If you have PR then you have proved the requirements of treaty rights years.
I would comply with them as far as you are able with the documents you had and the documents that you are able to gather period from PR to today...
Tom
Customer: replied 2 years ago.

The evidence since the PR is fine because my husband did not have more 6months and worked , and then after my sons diagnosis of autism we found it difficult of us in employment to meet his needs in which he then became his carer of which the checking service said this information is fine. The information that they are worried about is before the PR.

Expert:  Thomas replied 2 years ago.
,
Well, you'll just have to submit what you have. You have PR. If they consider that you should not have been given PR then it's their mistake and you would be in a good position to appeal any refusal of naturalisation
Tom
Customer: replied 2 years ago.

Thank you help, lastly should I still continue with the checking service or l should just send it myself.

Expert:  Thomas replied 2 years ago.
,
I would try again and then consider sending it yourself.
Kind regards,
Tom
Customer: replied 2 years ago.

Thank you bye

Expert:  Thomas replied 2 years ago.
,
I should also say that it would not be beyond the home office deciding that they made a mistake before in the previous applicaiton and then attempting to go back on it, but reason you would be well placed to appeal.
Basically, I would try in as much as you can to comply with the checking service document requirements. If they say it's not sufficient then you will have to tell them that you already have PR and ask them whether they will attempt to reject your application because they believe made a mistake in giving you PR
Kind regards,
Tom
Customer: replied 2 years ago.

The checking service already saw my PR and I told them that I had sent the same information, even less than they requesting which include my sons disability and my husbands depression medication information. They said the PR was dealt under eea rules and its different citizenship.

Expert:  Thomas replied 2 years ago.
,
I don't really know what to say. I think that they are making a mistake basically.
Kind regards
Tom
Customer: replied 2 years ago.

If the checking service are not sure, should I seek help from a solicitor.

Expert:  Thomas replied 2 years ago.
,
That would be the most sensible thing to do, yes. Obviously my answer is limited to what you have told me and a solicitor would check this against the actual physical documents that you have to ensure that his view is the same as mine.
Tom
Customer: replied 2 years ago.

Thank you. I will be having a last meeting with them, and then seek help. Again my husband has been in continuous employment 10yrs. circumstances regarding our sons health has made it more difficult to tie him down in consistent employment and again having to consider who brings more income so that our son is fully cared being on benefits

Expert:  Thomas replied 2 years ago.
,
Yes, I know. The fact that the unemployment was linked to your son's condition was probably helpful in granting you PR.
Good luck.
Tom
Customer: replied 2 years ago.

granting PR was not linked to my sons condition at that time we learnt about the condition and diagnosis just after the PR.

Expert:  Thomas replied 2 years ago.
I see, well they obviously determined that you were eligible because you were granted it.
As I say, good luck
Tom
Expert:  Thomas replied 2 years ago.

Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 2 years ago.

initially I was satisfied until at last , you started assuming the reasons I got granted PR which not. which made it difficult to understand whether the initial advises were genuine

Expert:  Thomas replied 2 years ago.
,
Fair enough, thanks back to me.
Tom
Customer: replied 2 years ago.

Thanks follow up, l now feel better and confident to continue with my application either way, because I am confused between the difference of permanent residence and indefinite leave to remain as the other option.

Expert:  Thomas replied 2 years ago.
,
Well, feel free to ask any clarifications of me
Tom
Customer: replied 2 years ago.

if it is possible you could help me to understand this difference

Expert:  Thomas replied 2 years ago.
,
EEA rules are different to the UK immigration rules (under which you get visas)
Indefinite leave to remain is the status that a non-EEA national obtains when they have been in a visa category under the immigration rules (spouse visa, family visa, work visa, study visa). It means they are free from immigration rules.
Permanent Residence is the status which a non-EEA national obtains when they have been in the UK under EEA rules. It means that once a person obtains PR they are free from immigration time restrictions.
Essentially ILR and PR are very similar except that one is people on visas (ILR) and the other is here under EEA rules (PR).
Kind regards,
Tom
Customer: replied 2 years ago.

thank you very much . I will be rating now

Expert:  Thomas replied 2 years ago.
Thanks, ***** *****
Tom
Thomas, Lawyer
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Experience: UK Lawyer holding practising certficate for England & Wales.
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