British citizenship after EEA4

[makaryforme]

Dear all
Could anyone help me out in this matter please
I had my PR granted in JULY 2014 based on my marriage to EU national in JUNE 2008, I didnt really care to apply for EEA4 last JUNE 2013 when i was already 5 years anniversary of marriage, anyway I applied for it early this year which was granted this JULY
I wonder if I have to wait another additional year from the date of EEA4 was granted? means i can apply for BN next July???
OR
I can apply NOW as in theory i secured my PR last JUNE 2013 when i completed 5 years in a marriage to my EU wife who was exercising treaty rights during that period?
Which is right?
Many thanks in advance

[Woj81]

Hi,
You need to hold your PR card for 12 months before applying for British Citizenship.,,Hold" means to hold this PR stamp with your picture.From the date of issue you need to wait 1 year.

It is already more than 6 years and you can apply for BC now but you would have to submit again all evidence of exercising treaty rights for 6 years.It means you need to send again all papers you sent for PR.

For Home Office you have just received your PR now as the date of issue!
So now either you wait 1 year or you send everything again.

Regards
Wojciech

[slough_Boy]

HI, ALL

WHAT IF same situation but EEA national has already "Document Certifying Permanent Residence " ,

still need to submit all proof of exercising treaty rights if apply nationality after 6 six years of marriage ?


tnx

[rosebead]

In that case, you can submit her EEA3 certificate as proof of 5 years of exercising Treaty rights, but you would also have to submit proof that you had been living in the UK for 5 years, just like you would if you were applying for EEA4. Obviously you would also have to submit proof of address for the 1 year you were PR too.

[slough_Boy]

Tnx,

Anyother expert advice from Gurus please.

Thanks in advance

[Woj81]

Hi,

As you were dependent on your spouse(holder of EE3) you had the same rights.
EEA3 stamp will have to be sent as well as marriage certificate and evidence that you were physically present for those 6 years.
Tenancy agreements,utility bills,bank statement ect.
Before you apply for BC pay around £60 and use Nationality checking service so they will check if all documents are in place.They will also copy them and give you back the originals.So no need to send PR,passport ect to home office.

Regards

[slough_Boy]

Im very thankful to you for ur kind reply.
I did contact the NCS for info.
They said , i still have to submit all proofs of excercising treaty rights of ur eea spouse, having eea3 PR will not exempt u from sending proof of exercising treaty rights.
I Donot know what to do ?

[Woj81]

Hi,


What would be the problem then?If your spouse has already EEA3 so it means that your spouse got that Vignette blue card confirming Permanent residence.If they asked again the same nonsense to send as proof of exercising treaty rights of your spouse just give them all these papers again: P60's,payslips,bank statements,tenancy agreements ect plus EEA3 vignette!
It is stupid to ask again for those papers if your spouse has EEA3 already as a proof of that!However if these people ask for it just give them again.They can copy and give you back everything before sending your application for BC.

Is your spouse British citizen already?If yes,it means you do not have to wait those 12 months holding PR.You could apply right away.
To apply you just need to confirm that you have PR yourself which you have as your EEA family member has.
Just show them all these papers again how your spouse got EEA3.

Regards

[slough_Boy]

Thanks for your kind and full of information reply.

My EEA wife is in UK for 14 years (2000-2014), and we have only documents of exercising treaty rights (2006-2011).
She applied her PR in 2013 and provide all documents from 2006-2011. she got her PR in 03/2013.
When I applied my PR, I just sent her PR + proof of relationship and proof of residence and I got mine.
NCS ask for last six years, I contact 2 NCS offices , they asked for the same.
If I provide them evidence (2006-2011), it will confused them because unfortunately it seems they know nothing about EU law.

No, My wife is not British Citizen.

I contact HO, and they sent me only general information by EMail.

[Woj81]

Hi there,
I understand that your wife has her PR confirmed for over 1 year already but you do not hold it yet for 1 year.I mean you are PR for over a year automatically.however you do not hold that confirmation for 1 year yet.The safest option for you is to wait until 1 year will have passed.
You do not have to but it is safer.Your wife exercised treaty rights and got her PR a year ago and after she held it for 1 year.She does not have to exercise any treaty rights as she is PR.You do not have to exercise treaty rights too.
It says clearly in the guidance that you do not have to show all these papers again from 5 years back if you have Confirmation of PR.
If you wife decided to apply for BC she can only show her PR stamp,no any p60'ect.
You can always ask second opinion from the immigration lawyer and see if he/she confirm the same as ncs.

Regards