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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Madam I am a Lithuanian citizen who is married to a British

Resolved Question:

Dear Sir/Madam
I am a Lithuanian citizen who is married to a British citizen since June 2007. We have been living together since 2003. My husband is a qualified chartered surveyor. I have been self-employed in 2003-2005 and I have not been working since. I am a housewife. I have reactivated self-employment and it starting date is on 27.06.2016. I do not have a permanent residence.
I have passed “Life in the UK Test” on the 11/12/2009 and wanted to apply for British citizenship in 2010. But when we spoke to Home Office, the answer was that I have to apply for the permanent residence first as a self-sufficient on the background of my husband, and then for British citizenship. When we applied for residence not much documents were sent to Home Office (only my passport, marriage Certificate, my cover letter, my bank statements, NHS letters, bills and none documents about my husband and his income). We applied and got rejection.
As far as I understand now we were misinformed by the Home Office employee, and I could apply straight away for British citizenship, without applying for permanent residence before 12 of November 2015. Also we were misguided by the Home Office employee about the kind and amount of documents we should send.
I have got First Cambridge Certificate in English and several Diplomas in Beauty Therapy
from The London School of Beauty & Make-up:- England, where I was studying for two years.
My 30-years old son, who was living with us from 2010 before November 2014, has got permanent residence card. His salary is 39,500.00 GBP. I don’t have any other family, exept from my husband and my son.
Q1: What is my position now and can I apply for permanent residence through my son as a dependant person or my husband as a self-sufficient? If I can apply, what is the better way to do it? Should I apply through my husband or my son?
Q2: If I can apply for permanent residence, will I need to pass test and get B1 certificate in English, bearing in mind that I already have got First Cambridge Certificate in English. Also I have passed freelancer exams in English level 1 and level 2.
Q3: Do I need to provide EHIC card?
Q4: If I can’t apply, what do I do next?
I look forward to hearing from you.
Yours sincerely *****
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Svetlana, the first thing you need to do is to apply for a Permanent Residence card. There are no income limits for this and it merely evidences the fact that you as a Lithuanian national have the right to live and work in the UK. However, you need this Permanent Residence card as proof in your subsequent citizenship application that you have been living in the UK VISA FREE for a period of one year prior to your citizenship application. here is a link to the UK Government website which explains the situation about the Permanent Residence card and which also contains a link to the application form for it https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

Expert:  Buachaill replied 1 year ago.

2. One year after you have got your Permanent Residence card, you can apply for UK citizenship. Since 2006, there is no need for Lithuanian citizens to apply for Indefinite Leave to Remain. Nor is there any income limits. Nor are you dependent upon your husband as you have been living for five years in the UK. So you were badly advised in the past. There is also no need to show a EHIC card either. This is irrelevant.

Expert:  Buachaill replied 1 year ago.

3. So the answers to your questions are Q1. You apply on your own Q2 You don't have to pass an English test but you need to show proficiency in english by exhibiting your test results Q3 No Q4 You can apply.

Expert:  Buachaill replied 1 year ago.

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