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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My husband and I are from Romania and have been living in UK

Resolved Question:

My husband and I are from Romania and have been living in UK for nearly 10 years and we want to apply for Permanent Residency in the UK. My husband has been continuously exercising a treaty right (i.e. working) for all those years without a gap. I, however, have been a housewife. Can both of us apply for Permanent Residency in the same form (EEA3)? Also, we have a son who is 7 (he was born in Romania and came to UK 5.5 years ago). Should he be included in the form? Ultimately we would like to apply for a citizenship so if he can apply for British Citizenship without obtaining Permanent Residency, we prefer that route.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Did you husband obtain a blue card? if so when?
Kind regards
Customer: replied 2 years ago.

Hello,

He has a yellow card obtained in 2006, and I have a blue card since 2007.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes both you and your husband can apply for permanent residency using form EEA 3.
2. Yes your son would also need to be named on the form and would apply for permanent residency with you and your husband.
3. I would recommend obtaining permanent residency and then applying for citizenship. If however you wish to apply for citizenship and bypass the permanent residency route then you would need to submit 6 years of evidence of you and your partner working in the UK going back from the date you submit the application.
The only issue is that IF for instance there is any discrepancies at all with your work etc then you would be loosing around £900 each, whereas the permanent residency application is only £55 each and if there are any issue they will be addressed at that time.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Regarding supporting documents, I have following questions.

1. Myself: What supporting documents can I submit to prove my 'treaty rights'? I have been a housewife and have not worked in the UK

2. My son: He has been living in the UK for 6 years (he is 7.5yo now and move to UK when he was 18 months old), but only started school 4 years ago. Is a letter from a school covering his time sufficient evidence?

Many thanks.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. You would need to show that you are married to your husband and he was looking after you since you arrive to the UK. Ideally you should have had comprehensive sickness insurance , this is in place to show that although you were not work but were self sufficient as you were relying on your husband and he was caring for you and maintaining you during your stay in the UK. You should also provide all letters that have come in either your name or joint names of you and your partner. You should also provide photographs, tenancy agreements, bank statements that have come to your address.
2. Yes the letter from school and any letters from NHS etc would be sufficient to confirm he has been residing in the UK with you, you should also submit his Birth Certificate as well.
I hope this answers your question.
Kind regards
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