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Buachaill, Barrister
Category: Law
Satisfied Customers: 10526
Experience:  Barrister 17 years experience
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I am a EU citizen from Germany and have been married to a UK

Resolved Question:

I am a EU citizen from Germany and have been married to a UK citizen for 15 years, living in the UK since 1998. What is my path to obtain citizenship bearing in mind that I have worked from 1998 to 2002 and again from 2013 to the present.
I am looking at the permanent residence card from EEA (PR) at the moment but I find it very confusing. Is this the correct form for me to use?
- Do I need a sponsor, does my husband qualify as such
- should I apply as a EEA national qualified, i.e. self sufficient?
- what do I need to prove I am self sufficient bearing in mind I only work part time
- I can prove that I have lived in the UK since 1998 and can produce the relevant documentation - how far do I need to go back with this?
- bearing in mind that I am married to an UK citizen, which category of the application section 3 should I choose
a) 3.1 Living in the UK for a continuous period of five years as an EEA national qualified person
or b) 3.2 I am the spouse of the sponsor - back to the question who is my sponsor and do I need one?
I would greatly appreciate any help or advise with these questions.
Thank you very much.
Konstanze Graham
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Konstanze, you are best off apply for citizenship based on living for five years in the UK. There is no need to bother with a sponsor. You are best off do it yourself. However, you first need to get a Permanent Residence card and to hold it for one year. This is because you need to be able to show you were living visa free in the UK FOR A Period of one year prior to seeking citizenship. Accordingly, you should today apply for a Permanent Residence card. Additionally, you will need to be able to show you had either private health insurance for five years or else that you paid National Insurance for five years when you apply for citizenship. As you worked from 2013 until the present date, you will have paid National Insurance for this period. However, you will need to either pay private medical insurance for an additional two years or else have had it prior to 2013, if you are to apply. You can continue to work for a year, which will fulfill another year of health insurance. However, you need to show five years contributions or else that you had private health insurance when you weren't working during this five year period..

Expert:  Buachaill replied 1 year ago.

2. Be aware that you must show health insurance and have had a Permanent REsidence card for one year, whether you chose to apply based on five years residence or whether you wish to rely upon being the spouse of someone. So, both requirements need to be fulfilled either way.

Expert:  Buachaill replied 1 year ago.

3. In proving self-sufficiency as an EEA national, you simply need to show that you are not a burden on the state and don't draw any benefits. Effectively, you are doing what is known as "exercising Treaty Rights" namely that you are in the UK either for work, looking for work, retired, a student or a dependent. You will be in the UK for work. Secondly, you won't need to go back as far as 1998 with documentation. However, you should indicate that you have lived in the UK this long as it shows a permanent connection with the UK which is something the Home Office look favourably upon in deciding to grant citizenship to a person. So too will the Home Office look favourably upon the fact you are married and settled in the UK.

Expert:  Buachaill replied 1 year ago.

4. 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.
Thank you so far.
I do not have private health insurance at present and as far as I understand I would need to prove that I have had it for 5 years, which I can't. Therefore would it be best to wait another year to fulfill the 5 year of work and paying contributions to the National Insurance before I apply? I can obviously not produce the health insurance going backward.
As I understand from your answer, I will not need both health insurance and work contributions - is that correct.
Also, on the form - should I just ignore the section regarding the sponsor?
Expert:  Buachaill replied 1 year ago.

5. You don't need both private health insurance and to have paid National Insurance contributions. One of them will suffice. The key idea is that to get citizenship you were not a burden on the NHS. You either paid into National Insurance in which case you were entitled to access the NHS or else you have private medical insurance so you were not relying on the NHS.

Expert:  Buachaill replied 1 year ago.

6. You should just wait the other year for National insurance contributions, that is the best approach. Secondly, you should fill in the name of your husband as sponsor. Whilst it is superfluous, I would still advise you to fill in the name of someone. It shows a connection with the UK.

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Customer: replied 1 year ago.
OK, I will name my husband as a sponsor - despite the fact that when I called the home office someone told me my husband did not qualify as a sponsor? Which they did not explain further. It was all very confusing. But your answers have been a great help to clarify my approach. Thank you.