Naturalisation non EEA family member of an EEA National

[boulder_boy]

Hi all,

Firstly, my apologies if this has already been answered. I did some searching but I was unable to find an answer or a situation that matched mine.
I currently hold an Indian passport and I live in the UK (aged 25) on the basis that I am a family member of an EEA national - my father who is a Portuguese national. I have lived in the UK since June 2004 and have a residence card that is due to expire in July 2014.

I would like to apply for naturalisation based on (page 9 of Booklet AN):
"If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006, and therefore will not have to apply for indefinite leave to remain. But remember that, unless married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply"

However, The requirements also states that I need to be free from any immigration time restrictions and the guide also states that (page 6 booklet AN):
"If you are from an EEA member state or Switzerland you will be free from immigration conditions if you have been exercising EEA free movement or establishment rights in the UK for 5 continuous years"

So it seems that the regulations might be bit contradictory...unless I'm mistaken.
I would like some clarification as to whether I would be able to apply for naturalisation (and for it to not get rejected hopefully!) based on the fact that I am a family member of an EEA national?
Since i am a family member of an EEA national, does this mean I already have automatic PR status since I have lived here for approx 10 years?
If I do have PR status, is the expiry date on my residence card not applicable?

Also, regarding good character referees -
Will I be able to use my girlfriend as a reference as she is a nurse?

Thanks in advance!

[Just Wondering]

Is your father also resident in the UK or was he resident in the UK for 5 continuous years from 2004? Was he exercising his treaty rights during that time?

[boulder_boy]

Is your father also resident in the UK or was he resident in the UK for 5 continuous years from 2004? Was he exercising his treaty rights during that time?

Yes, my father is also a resident of the UK and has been since 2002 (i think - might be earlier). Also Yes - by the fact that he has been working for the last 5 years

[jrakhila]

Hi guys,

Can someone help me with my case.

I (Russian) have got married to EEA (Italian) in Aug 2008 and received my PR Nov 2013 (though qualified as 5 years in Aug 13)

6 years will be exactly 6th Aug 2014.

So instead of waiting for 1 year after PR (which is Nov 2014) I would like to apply on Aug 2014 (which is 6 years)

Does this mean I need to submit all the docs for the last 5 years again like I did for PR? Or shall I just submit docs for the last year (from Aug 2013 to Aug 2014)?

Thank you.

[Jambo]

Hi guys,

Can someone help me with my case.

I (Russian) have got married to EEA (Italian) in Aug 2008 and received my PR Nov 2013 (though qualified as 5 years in Aug 13)

6 years will be exactly 6th Aug 2014.

So instead of waiting for 1 year after PR (which is Nov 2014) I would like to apply on Aug 2014 (which is 6 years)

Does this mean I need to submit all the docs for the last 5 years again like I did for PR? Or shall I just submit docs for the last year (from Aug 2013 to Aug 2014)?

Thank you.

All documents again (including wife's passport) to cover the first 5 years (Aug 2008-2013) basically proving you had PR status 1 year before applying.

[jrakhila]

Hi guys,

Can someone help me with my case.

I (Russian) have got married to EEA (Italian) in Aug 2008 and received my PR Nov 2013 (though qualified as 5 years in Aug 13)

6 years will be exactly 6th Aug 2014.

So instead of waiting for 1 year after PR (which is Nov 2014) I would like to apply on Aug 2014 (which is 6 years)

Does this mean I need to submit all the docs for the last 5 years again like I did for PR? Or shall I just submit docs for the last year (from Aug 2013 to Aug 2014)?

Thank you.

All documents again (including wife's passport) to cover the first 5 years (Aug 2008-2013) basically proving you had PR status 1 year before applying.

Thank you Jambo.
Can you also help me with the following question for my sister:

Hi,

My sister is married to EEA national, she has PR already from Nov 2013.

I am on a 5 yrs residence card (till Oct 2016), and in 2,5 years I should apply for PR too as an extended family member.

However, my sister is going to divorce her husband this year. Would this affect my case? Is it considered as retention right?
Can I still apply for PR?

Thank you.

[askmeplz82]

jrakhila

I (Russian) have got married to EEA (Italian) in Aug 2008 and received my PR Nov 2013 (though qualified as 5 years in Aug 13)
6 years will be exactly 6th Aug 2014.

You can apply BC in 2014 Aug

[boulder_boy]

Bump...anyone able to offer some advice regarding my situation? haven't had any answers yet unfortunately

[haris butt]

hi boudler boy,

can you please update about your application . ?

actually im on same boat like you .

1 . have you applied for BC yet ? or did you apply for PR before applying that ?

im confused causee im (aged 25) child of eea national currently holding RC which expires oct 2016 . after getting my RC ive been self employed since then and to get my PR i have to financial dependent on my dad dont no how I can prove this .

please help

[haris butt]

Hi all,

Firstly, my apologies if this has already been answered. I did some searching but I was unable to find an answer or a situation that matched mine.
I currently hold an Indian passport and I live in the UK (aged 25) on the basis that I am a family member of an EEA national - my father who is a Portuguese national. I have lived in the UK since June 2004 and have a residence card that is due to expire in July 2014.

I would like to apply for naturalisation based on (page 9 of Booklet AN):
"If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006, and therefore will not have to apply for indefinite leave to remain. But remember that, unless married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply"

However, The requirements also states that I need to be free from any immigration time restrictions and the guide also states that (page 6 booklet AN):
"If you are from an EEA member state or Switzerland you will be free from immigration conditions if you have been exercising EEA free movement or establishment rights in the UK for 5 continuous years"

So it seems that the regulations might be bit contradictory...unless I'm mistaken.
I would like some clarification as to whether I would be able to apply for naturalisation (and for it to not get rejected hopefully!) based on the fact that I am a family member of an EEA national?
Since i am a family member of an EEA national, does this mean I already have automatic PR status since I have lived here for approx 10 years?
If I do have PR status, is the expiry date on my residence card not applicable?

Also, regarding good character referees -
Will I be able to use my girlfriend as a reference as she is a nurse?

Thanks in advance!

hi boudler boy,

can you please update about your application . ?

actually im on same boat like you .

1 . have you applied for BC yet ? or did you apply for PR before applying that ?

im confused causee im (aged 25) child of eea national currently holding RC which expires oct 2016 . after getting my RC ive been self employed since then and to get my PR i have to financial dependent on my dad dont no how I can prove this .

please help