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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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Married and EEA national 1n 2009 and got a divorce 4 years

Customer Question

Married and EEA national 1n 2009 and got a divorce 4 years later. I applied for retained right of residence which i got (5years). it will soon be six years since the first 5 years i obtained, can i apply for naturalisation now? I don't have my ex contact anymore. which forms would i need to make the applications? what should i put together to make the application?
Thanks
efosa.
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.
Could you confirm if you have been working since the date you were issued with your 5 years permit on the basis of retained rights of residence?
Have you been working since 2009?
Kind regards
Customer: replied 2 years ago.

I have been working since 2009. I when back to university whilst still working in sept. 2012 and will finish my programmes in sept this year. I May i was made redundant but was still in school. I got another job in august and i now work part time and school at the same time. I am still currently employed

Customer: replied 2 years ago.

In may 2014 was made redundant.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
During the period you were not working did you have comprehensive sickness insurance in place?
Kind regards
Customer: replied 2 years ago.

no i did not. it was inMay i stopped. started working in august again

Customer: replied 2 years ago.

i was also in full time education as well.

Customer: replied 2 years ago.

and was receiving bursary of 540 every month as a student nurses

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Once of the requirements for when you apply for permanent residency or naturalisation is that you can evidence that you were exercising treaty rights in the UK for 5 years preceding the date of application.
In your case you would have needed to have comprehensive sickness insurance in place during the period which you were not working and studying. From what you have stated it seems that you did not have any insurance in place for the period you were not working and ceased being employed between may and august.
If there is a gap in you exercising treaty rights in the UK then the best thing for you to do would be to apply for permanent residency first and then apply for naturalisation, this is because if there are some issues in respect of your residency in the UK ie you not being seen as someone who is qualified to apply, the refusal letter ( if the application is refused) will state why the home office believe that you should not be issued with permanent residency , if the application is accepted then you can apply for naturalisation straight away.
So in your case I would firstly apply for permanent residency and then if that is granted subsequently apply for naturalisation, this would save you a lot of money as the application fee for EEA permanent residency is nominal.
There are issues in respect of there being gaps in you exercising treaty rights and therefore it would be better to be cautious and apply for permanent residency first and then naturalisation.
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.

in applying for permanent residency is it necessary to state the gap?

What form do i have to fill ?

Would the gap affect my application for permanent residency? if s why?

what if i get married now to a british national can it change my application?

thanks

Im getting married to a british national. does it make any difference for me after the marriage?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. The home office will ask for proof of exercising treaty rights in the uk for a continuous period of 6 years before applying for British citizenship, so yes you will need to show how you meet the requirements.
2. For naturalisation its form AN and for permanent residency its from EEA PR.
3. Yes, but I would not recommend changing your visa simply try and apply to extend your eea resident permit as if you switch to a spouse visa your partner would need to show evidence of earning 18600 pounds gross and the costs of visa applications are very expensive.
4. You being married to a British citizen would not change or effect your status in the uk.
I hope this answers your question.
Kind regards
Customer: replied 2 years ago.

Hi,

how do i extend my EEA resident permit?

How is that different from PR?

I said i got redundancy in may but i got a job conditional offer and went through registration and checks and started working in August. Does this change anything as i did not have the CSI?

Do i have to disclose my schooling as I'm in employment and especially when I'm not using that as my reason for applying for permanent residency (PR)?

If I'm applying for PR, do i have to present 5 years of exercising treaty rights for my ex or the period before and at the point of divorce?

What happens if i had a job offer from the time i stopped but had to resume due to checks observed before work? Do i not still qualify to apply for PR? If thats the case what are then my options now that i don't have the health certificate?

Thanks.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. You apply using form EEA FM and submit all the documents in respect you having been residing in the UK since you switched from your EEA permit to a retained rights of residence permit.
2. PR is when you have been granted settlement in the UK which means that you are no longer in essence required to work in the UK and can remain in the UK on PR and claim benefits etc.
3. No, you would have need CSI throughout the time you were not employed or were not working in the UK.
4. No, but I would not recommend this as you need to show what you were doing in the UK during your stay. If you decided not to disclose you may be asked to provide information or documents relating to your studies after submitting the application.
5. You may wish to apply for PR and see what the home office make of the break during the period you were not working, they can exercise discretion and grant you PR but you will only find out once you submit the application. If you application is not successful your passport will be returned and you will be informed why your application was not successful and you can then continue working in the UK until you meet the requirements for PR.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Customer: replied 2 years ago.

Hi,

thanks for all the wonderful responses. but just to add:

1. what if i was working all the way through and i don't have CSI do i still qualify for PR?

2. If i make an application and it was refused, can my current status as retained right of residence be cancelled?

3. If I'm to go the other route of my wife who's is a british citizen, how do i go about it my present status?

4. if i have to use the EEA FM , do i have to re apply now or wait when that the current one expires in 2019?

Thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes provided you show you were employed throughout the period then you do not need to show CSI.
2. No your present status will not be cancelled.
3. You need to apply for a spouse visa, for this your partner and you would need to show joint earnings of at least 18600 gross. For more information please see the following link:
https://www.gov.uk/remain-in-uk-family/apply
4. You would need to wait a few days before the expiry of your current visa to submit an application for EEA FRM.
Kind regards
Customer: replied 2 years ago.

Thanks for all the wonderful responses , in addition, can I decide to apply on the basis that I'm a worker not a student?

Would it then matter if i studied during my stay as a worker as I was informed that I can make an application either as a worker or a student.

Thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes you can but you would need to show evidence of you being employed for 5 continuous years in the UK without a break.
2. No it would not affect your application if you studied during your employment in the UK.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Customer: replied 2 years ago.

please how do interprete this in my case for not working for 2months after been made redundant ...

(GOT THIS FROM THIS LINK ...( https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421238/Qualified_Persons_v3_0.pdf )







  1. Duly recorded involuntary unemployment

    An EEA national may still qualify as a worker if they are involuntarily unemployed and provide proof that they:










  • have registered as a job seeker with Jobcentre Plus or a recruitment agency




  •  entered the UK to seek employment




  •  are in the UK seeking employment immediately after enjoying a right to reside as a

    jobseeker, student, self-employed person or self-sufficient person

    They must also give evidence to show they are looking for employment and have a genuine chance of being employed.

    Evidence that they are seeking employment and have a genuine chance of being engaged. This can be provided in the form of:






  •  a letter from their former employer confirming: o the dates they were employed
    o their unemployment was involuntary




  •  a letter from Jobcentre Plus or a recruitment agency confirming they have registered with them




  •  proof they are seeking work

    If the EEA national was employed before becoming involuntarily unemployed, then they

    cannot keep worker status for longer than 6 months.

    However, if they had been employed for more than one year they can keep worker status if they can provide compelling evidence to show they are continuing to seek employment and have a genuine chance of being employed.

    But if they were employed for less than 6 months and were then made redundant and registered with Jobcentre Plus, but after a further 6 months had still not got any employment they would not be able to keep their worker status any longer and must either become a qualified person in another capacity (for example as a student or self-sufficient person, but not a jobseeker) or leave the UK if they have no other right to reside in the UK.




SORR FOR GOING ON AND ON WITH THIS, just want to be in the clear.

Thanks.









Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Provide you have evidence of seeking working or evidence from the job center confirming you were seeking working during the period you were unemployed you may still be classed as being employed for the 3 months you were not employed. This is basically what the abstract is stating.
I hope this answers your question, please provide a rating so I can get credited for my time.
Kind regards
Customer: replied 2 years ago.

.. but I got a job offer in may but did not start until August . Would I have still needed to go to jobcentre plus. Should i still be seeking work when I have one already.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I believe you should also and then see what the home office state, you should explain to them the reason why you feel you meet the requirement.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
Please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,

on a final note is it required for self employed person in my position require a certificate of insurance.

Thanks.