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Immigration advice

(1 Post)
nialopes Fri 19-Feb-16 13:46:59

Hi hoping for a bit of advice here. I have dual nationality. I am British and Bulgarian. Back in 2011 I met my husband who is Brazilian and we decided to get married. He was here with a student visa at the time. We consulted with solicitor and he said he can marry me through Bulgarian or British passport but through British passport he will have to travel to Brazil and apply for spouse visa from there and at the time my husband did not want to travel to Brazil. So we got married through my Bulgarian passport and he received a 5 yrs family permit through european law. Now it is expiring and he was told he needs to apply for the EEA permanent residence card. We started filling in the application and one of the sections is asking whether he or i have claimed any benefits in these 5 yrs. He hasn't but i have as he struggled to find a job in the beginning so I had to support the family. I worked but also claimed some housing benefit. Now the immigration services are asking how i claimed when I am Bulgarian but I said I am also British so I claimed benefits as a British citizen. Now they say that will be a problem for my husband's application because he is applying through my bulgarian passport and as a Bulgarian I am not allowed to claim benefits. They say he should have married me through my British passport and are asking him to leave UK go back to Brazil and apply for spouse visa gain from Brazil and wait another 2 years which would mean that 5 yrs he just spend here didn't count! I just need some advice on this pls...

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