Naturalization as a family member of an EEA national

[dima2012]

An idea that just comes to mind is this:
do you remember if you visited your husband in UK at any time before August 2010

Even when in UK and exercising treaty rights, an EEA national is permitted up to 6 months absence in a year.
So if you were in UK at sometime in the months before August 2010 then your 5 years residency may have started then & so may have been completed already.

Note: you would have to provide proof you were in the UK at that time & also on the day 5 years before the date of your application.

If your 5 years was actually completed by April 2015 you would already have achieved PR as your huband was 'just' an EEA national (& not a dual citizen) at the time.

If that's the case your naturalisation application would become more straightforward, in the one category of family member (dependent spouse).

Otherwise it's back to the question about splitting your 5 years continuous residency across the 2 categories.

Thank you very very much for your effort.
I visited my husband before August 2010 but I can not provide any proof

[noajthan]

An idea that just comes to mind is this:
do you remember if you visited your husband in UK at any time before August 2010

Even when in UK and exercising treaty rights, an EEA national is permitted up to 6 months absence in a year.
So if you were in UK at sometime in the months before August 2010 then your 5 years residency may have started then & so may have been completed already.

Note: you would have to provide proof you were in the UK at that time & also on the day 5 years before the date of your application.

...

Otherwise it's back to the question about splitting your 5 years continuous residency across the 2 categories.

Thank you very very much for your effort.
I visited my husband before August 2010 but I can not provide any proof

Hmm, it's tricky isn't it.
Are you sure there's no proof, maybe: travel itineraries, ticket details, credit card payments - anything like that
Any paperwork from UK, such as hotel or other bills

Otherwise it's back to the remaining question...

Can you, to demonstrate your 5 continuous years of free movement/treaty rights, switch from being treated as:
firstly, a dependent (spouse) of EEA national - in your case, from August 2010 - April 2015;
AND
secondly, then be treated as an EEA 'qualified person' (a worker) - from April 2015 to August 2015

If this is all acceptable to HO, within the rules, & you have all evidence (& meet the other requirements!) then you should achieve PR status by some time in August.
As you are now the spouse of a BC you could then apply directly for naturalisation.

Just need someone here (or some other external adviser) to confirm this approach is within the regulations that HO will use to determine your case.

[dima2012]

An idea that just comes to mind is this:
do you remember if you visited your husband in UK at any time before August 2010

Even when in UK and exercising treaty rights, an EEA national is permitted up to 6 months absence in a year.
So if you were in UK at sometime in the months before August 2010 then your 5 years residency may have started then & so may have been completed already.

Note: you would have to provide proof you were in the UK at that time & also on the day 5 years before the date of your application.

...

Otherwise it's back to the question about splitting your 5 years continuous residency across the 2 categories.

Thank you very very much for your effort.
I visited my husband before August 2010 but I can not provide any proof

Hmm, it's tricky isn't it.
Are you sure there's no proof, maybe: travel itineraries, ticket details, credit card payments - anything like that
Any paperwork from UK, such as hotel or other bills

Otherwise it's back to the remaining question...

Can you, to demonstrate your 5 continuous years of free movement/treaty rights, switch from being treated as:
firstly, a dependent (spouse) of EEA national - in your case, from August 2010 - April 2015;
AND
secondly, then be treated as an EEA 'qualified person' (a worker) - from April 2015 to August 2015

If this is all acceptable to HO, within the rules, & you have all evidence (& meet the other requirements!) then you should achieve PR status by some time in August.
As you are now the spouse of a BC you could then apply directly for naturalisation.

Just need someone here (or some other external adviser) to confirm this approach is within the regulations that HO will use to determine your case.

Very tricky

In form AN section 2.4 and 2.5, should I give my treaty Rights or should I give my husband`s?

[noajthan]

Hmm, it's tricky isn't it.
Are you sure there's no proof, maybe: travel itineraries, ticket details, credit card payments - anything like that
Any paperwork from UK, such as hotel or other bills

Otherwise it's back to the remaining question...

Can you, to demonstrate your 5 continuous years of free movement/treaty rights, switch from being treated as:
firstly, a dependent (spouse) of EEA national - in your case, from August 2010 - April 2015;
AND
secondly, then be treated as an EEA 'qualified person' (a worker) - from April 2015 to August 2015

If this is all acceptable to HO, within the rules, & you have all evidence (& meet the other requirements!) then you should achieve PR status by some time in August.
As you are now the spouse of a BC you could then apply directly for naturalisation.

Just need someone here (or some other external adviser) to confirm this approach is within the regulations that HO will use to determine your case.

Very tricky

In form AN section 2.4 and 2.5, should I give my treaty Rights or should I give my husband`s?

At the moment it seems you could only apply (in August 2015), partly as a family member of EEA national and partly as an EEA national in your right.

That is:
As dependent spouse of EEA 'qualified person' (your husband as: worker) - August 2010 until April 2015.
As a 'qualified person' (worker) yourself - since April 2015 (through to August 2015).

This is because once naturalised the HO will consider your husband as BC (only) under the rules.

If that analysis is correct you would have to tick both boxes on the form.
In the tables, you would have to list the relevant time periods and label them with the appropriate person
- that is, as time spent by your husband or time spent by you.

Hope that makes sense.

Note: This is just my interpretation.
Unfortunately there is no clear guidance in the form that says you are permitted to tick both boxes.
(It also does not say you cannot do that).

Still hoping a forum Europe/EEA regulations expert can help to crosscheck & verify for you.

[dima2012]

Hmm, it's tricky isn't it.
Are you sure there's no proof, maybe: travel itineraries, ticket details, credit card payments - anything like that
Any paperwork from UK, such as hotel or other bills

Otherwise it's back to the remaining question...

Can you, to demonstrate your 5 continuous years of free movement/treaty rights, switch from being treated as:
firstly, a dependent (spouse) of EEA national - in your case, from August 2010 - April 2015;
AND
secondly, then be treated as an EEA 'qualified person' (a worker) - from April 2015 to August 2015

If this is all acceptable to HO, within the rules, & you have all evidence (& meet the other requirements!) then you should achieve PR status by some time in August.
As you are now the spouse of a BC you could then apply directly for naturalisation.

Just need someone here (or some other external adviser) to confirm this approach is within the regulations that HO will use to determine your case.

Very tricky

In form AN section 2.4 and 2.5, should I give my treaty Rights or should I give my husband`s?

At the moment it seems you could only apply (in August 2015), partly as a family member of EEA national and partly as an EEA national in your right.

That is:
As dependent spouse of EEA 'qualified person' (your husband as: worker) - August 2010 until April 2015.
As a 'qualified person' (worker) yourself - since April 2015 (through to August 2015).

This is because once naturalised the HO will consider your husband as BC (only) under the rules.

If that analysis is correct you would have to tick both boxes on the form.
In the tables, you would have to list the relevant time periods and label them with the appropriate person
- that is, as time spent by your husband or time spent by you.

Hope that makes sense.

Note: This is just my interpretation.
Unfortunately there is no clear guidance in the form that says you are permitted to tick both boxes.
(It also does not say you cannot do that).

Still hoping a forum Europe/EEA regulations expert can help to crosscheck & verify for you.

Thank you noajthan, I will write more details how I applied, etc ...