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Nicola-mod
Nicola-mod, Moderator
Category: Immigration Law
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Thomas, I would like to double check - the fee is covering a full c

Customer Question

Hi Thomas, I would like to double check - the fee is covering a full consultation or just one answer?
Details: Hello,
I'm an EU citizen living in the UK since August 2010 and about to apply for a permanent residence. I got married in September 2013 to a Russian citizen, she has been living in the UK since September 2012.
My question is:
Can I include her in my permanent residence application? First she was here with a student visa, after the marriage she obtained a residence card.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Buachaill replied 1 year ago.
1. The fee covers the full consultation, and not just the one answer. Secondly, in relation to your question, your Russian citizen wife will have to make her own application for permanent residence. In effect she will have to be five years in the UK lawfully, not including student visa periods, as these don't count towards permanent residence. So, it will only be since she obtained a residence card upon marriage that her time spent in the UK will count towards her five year period necessary for permanent residence. So, her five years will only begin some time after September 2013. It is not possible for her status to "piggy-back" upon your five years lawful residence.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your Question.
Customer: replied 1 year ago.
Hello, thanks for your reply. Can you provide links to support the statement that student visa period does not count? On the gov.uk website it doesn't say anything about it in the section about the permanent residence. They mention '5 years of continuous residence' which means you stay in the country legally, but do not specify in what status.Another question I have is more common - this August will be 6 years since I have been living and working in the UK. Can I apply for naturalisation right away assuming I get a permanent residence card in June/July?
Expert:  Buachaill replied 1 year ago.
3. I have searched in the UK.GOV website for a piece on how students are dealt with. However, a student must have 10 years continuous residence as a student in order to qualify for Indefinite Leave to REmain. They do not qualify for the five year period and any time spent as a student does not count towards the five year continuous residence period. A person must be able to live and work in order to qualify under the five year continuous residence period. Secondly, in order to qualify for UK citizenship, you need to have been able to live in the uk for one year without visa restrictions before you may make an application for citizenship. So, you can qualify if you have had a residence card available to all EU citizens for at least one year. In those circumstances, six years is sufficient.
Customer: replied 1 year ago.
I'm not sure I understand why you were looking at this: "a student must have 10 years continuous residence as a student in order to qualify for Indefinite Leave to REmain" - it is not applicable for our situation, I am an EU citizen, my wife has a 'residence card as a family member of EEA national'.I was asking about this part in Permanent Residence Guidance Notes:
"Evidence of residence in the UK
You must show that you, your family members, and your sponsor (if applicable) have been living in
the UK for the relevant period.
If you’re applying on the basis of 5 years’ continuous residence, the evidence must cover the 5-
year period." - it does not say that you could not be a student during your 5 year residence. It does not specify anything except the number of years.
Also, according to the same Guidance Notes, if my wife applies separately later on then I still be her sponsor for a permanent residence card and it will be based on my 5 working years in the country.About the second question - can you please clarify what you meant by "you need to have been able to live in the uk for one year without visa restrictions" and "you can qualify if you have had a residence card available to all EU citizens for at least one year"?..As an EU citizen I don't have visa restrictions and my permanent residence is a right I automatically obtained in August 2015 after 5 years of continuous residence in the country. Permanent residence card, which only recently has become obligatory before applying for a citizenship, just proves my right which I already have.
So again my question is - can I apply for a citizenship in August 2016 right after obtaining a permanent residence card?
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hello Nicola,
Thanks for your message. I believe my questions were not challenging to answer for someone who is knowledgeable with the EU directive. Since the service was not provided I would like to have a refund.
I look forward to hearing from you.
Thanks.