How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

We are Romanian nationals and have been in the UK for over

Resolved Question:

We are Romanian nationals and have been in the UK for over 10 years. We obtained Permanent Residency in March 2015 (my son and myself as dependant on my husband's exercising EC Treaty rights) and would like to apply for the British Citizenship. However, my husband hasn't past the required tests yet, i'd like to apply with our son aged 8. Do i need to provide my husband's previous 5 year's bank statements, tax return etc again? Or can this be ommitted as we have Residency Permit already and can be assumed we had been living in the UK for 5 years plus previous 12 months with Residency Permit?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Makiko, there will be no need to prove your husband's previous five years bank statements and tax returns again. As you have had permanent residency for the last year, you have a free standing right, independent of your husband, to obtain citizenship in your own right. So, you merely need to show you have been visa free for one year by producing your Permanent Residence card.

Expert:  Buachaill replied 10 months ago.

2. The same applies to your son. He also has a free standing right, independent of your husband to obtain Uk citizenship based on his Permanent Residence in the UK for five years with one year with a Residency Permit. So, he can also make the necessary application for Uk citizenship.

Expert:  Buachaill replied 10 months ago.

3. Please Accept or Rate the answer as unless you Rate the answer your Expert will not receive payment for answering your question.

Customer: replied 10 months ago.
Thank you for your swift reply. could i confirm which documents i need to provide with the application for myself and my son please?Myself:
passport (since the entry in the UK, however, Romanian govenment takes away the old passport so i have only current one)
English language test letter
Life in the UK test letter
Residency Permit (Blue booklet)
Marriage CertificateMy son (8 years old)
Passport
Parents marriage certificate
Birth certificate
Attendance letter provided by school
Residency Permit (Blue booklet)Am i missing anything else?Kind regards,Makiko
Expert:  Buachaill replied 10 months ago.

4. Dear Makiko, you will also need to show you had "comprehensive sickness insurance" as you were exercising EU Treaty Rights. This is basically a policy of health insurance which will have covered you for the last five years. Essentially, you need to show you were not a burden on the NHS whilst you were exercising EU Treaty Rights.

Customer: replied 10 months ago.
i see. i never had a private insurance and was granted the Residency Permit without it. would it be a problem if i don't have a private health insurance? in Romania, it is compulsory to attend a full healthcheck every 2 years, so we never felt we needed to take out a private health insurance.
Expert:  Buachaill replied 10 months ago.

5. Dear Makiko, if you were working you would automatically have paid National Insurance contributions which would have entitled you to access the NHS and would constitute comprehensive sickness insurance. However, if you were not working, you need to show you had health cover. Even if you were working part-time, you would have paid NI and this would be sufficient.

Buachaill and 2 other Law Specialists are ready to help you