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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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I have been living in the UK since 1977. I am 60 years old.

Resolved Question:

Hi I have been living in the UK since 1977. I am 60 years old. I am Italian. I am married with an English National. I have a daughter of 36 years old from a previous marriage.
I have a private medical insurance. My husband and I do full time.voluntary work for a Charity which we started. We own our house with no mortgage. We do not earn £18.600 per year. I don't claim or ever claimed any benefits. Couple of people support us through Stwerdship for £6,000 each.
I was told that I am in a difficult situation and I need to apply for a residence permit. Am I eligible? Which route should I take? And how much would cost me to instruct a Solicitor to help me to get the Residence.
Kind regards
Chiara
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear Chiara, you have received good advice. You need to apply for a Permanent Residence Permit as a f irst step in apply ing for UK citizenship, which will regularise your stay in the UK once the UK leaves the EU. Here is a link to the page of the UK Government website which explains how to apply for a permanent Residence card https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card. You need to be able to show you were visa free for one year before you apply for UK citizenship so this is why you need a Permanent REsidence Card.

Expert:  Buachaill replied 11 months ago.

2. In one year's time, you can make your application for UK citizenship based on you living in the UK FOR five years. Be aware that both UK and Italian law recognise dual nationality. So, it is perfectly lawful under both UK law and Italian law (since 1992) to hold both British and Italian citizenship at the same time.

Expert:  Buachaill replied 11 months ago.

3. You can make the application for a Permanent Residence Card yourself. A solicitor can be approached, but there is no difficulty in doing it yourself. There is no income threshold, so don't worry about your income amounts. This is irrelevant.

Expert:  Buachaill replied 11 months ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 11 months ago.
Hi I was told that Theresa May in 2015 has passed a Law that a EU person must earn 18.500 pounds to qualify.
Expert:  Buachaill replied 11 months ago.

5. You are misinformed. There are no income limits for EU citizens, only for British citizens. So, whoever told you this is not an immigration lawyer.

Expert:  Buachaill replied 11 months ago.

6. Additionally, you are applying for yourself, as you have been living for five years in the UK. Your application is not dependent upon any other person. Nor is it dependent upon their income or your income.

Customer: replied 11 months ago.
Thank you. I have just read the article in the Migration Watch. It talks about an EU member wanting to bring in one of their family.
The application for permanent residence is for me. Does it mean that because I am from the EU I don't need to show that I have an income of £18,600.
I have looked at the forms I need to fill in for permanent residence and it say I need to show that I am self sufficent .What level of income do I need to show and how else can I support my request for permanent residence.
Expert:  Buachaill replied 11 months ago.

7. The important point is that you are not a burden on the state. No potential claimants for social welfare will be granted a Permanent Residence card. However, you don't need to show income of £18,600. These income thresholds would apply if you were a British person and you were taking in a spouse or such like from a nonEU country . Here, you already have the right to live and work in the UK AS YOU ARE AN EU national. So, stop getting confused and reading irrelevant articles. Simply apply for the Permanent Residence card and move on with things. You are your worst enemy reading irrelevant articles.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
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