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LITUK does not expire.adinmat wrote:Hi,
I am currently lost how to proceed with this, reading around (again!) it is a jungle of contradicting informations for me.
Facts:
Me: arrived in 2007 from EU A8, naturalised in 2013, exercising treaty rights, with WRS scheme. All went well, passport in Oct 2013
My wife and child: arrived in 2008, wife registered with WRS, worked since 2008 too, missed few months to apply with me with Life in the UK test, which we both passed together back in 2013. She has always worked part time jobs where you would struggle to say she was self-supporting (not sure if this is important). She also attended college for last 2 years and passed AAT lvl2 and AAT lvl3 courses (in English of course) but not sure if that counts as proof of English skill. I am only hoping that Life in the UK test taken in May 2013 counts for her...
Now, how to proceed with their naturalisation? I would like to skip treaty rights and get them apply together as spouse and child of BC (me), but is it going to fly? We married 15 years ago, way before I was naturalised, does it make a difference?
If still exercising treaty rights, how about a child (12)?
Some clarification and pointers will be much appreciated!
The naturalisation guide includes a section on what to send with the application.adinmat wrote:Thank you noajthan!
A bit more than!
If I apply for PR and obtain it for my mrs, will I need to repeat same for AN? I mean from what I already saw PR requires loads of documentation to be provided.
Also I understand that I act as "sponsor" as I am BC now? Those terms used around are really confusing.
Cheers!
There is no family application really; just submit relevant forms together.adinmat wrote:Hello,
A bit old thread, but now I am at the final stage of submitting application for my wife and a child. While AN application is straightforward for me and well understood, I am having issues understanding other terms and how to fill/submit the application.
...
Now... what is "family application"? I cannot find any specific forms or fees (i understand that family fee is gone now). Is it just submitting AN + MN1 together treated as "family application"? I am going to be using nationality checking service to make sure all is correct and get documents back immediately, so should I book it for "family application" or adult + child? Cannot find any elaboration on this.
Also MN1 seems to be overcomplicated to me. It is a child so it does not have many things asked for:
- "Please indicate the section of the British Nationality Act 1981 under which you would like to the application considered" - is it 3(1)?... Or this is just section in the MN1 form?...
- information about permanent residence and when...? Does a child have anything like that? Does it just follow what parent(s) hold? No clue here
- biometric registration - do I just state that there isn't one and we will get invitation/request to do it, or we just should book it first?
I would be really grateful for any pointers. Looking to get Nationality Checking appointment next week
BCs have not been regarded as EEA since 2012; that's the case since HO transposed the McCarthy judgement into EEA Regulations (ie the original McCarthy judgement not the other one).adinmat wrote:Hello Noajtan,
Thank you very much for you quick and detailed response! You are really a gem here!
"reason: British citizens can no longer sponsor EEA family members"
I've learned that hard way and must say we were lucky. I am guessing we were given a leeway since that changed recently?... So, my wife applied for PR with me being a sponsor. 2 months later (March this year) she had phonecalls from HO asking for evidence of either full time education or work to proceed with the PR application. We were told that I could not be a sponsor anymore since I was BC already. There we go. All we did was to give her work history with reference numbers from WRS cert to get this accepted and sorted. It was lucky as otherwise we would have to submit another 2 tons of papers to support it...
Since you are around on those forums a lot, that case were child did not have PR confirmation and was granted citizenship - was it a separate lucky case and normally in such case an application would be refused (from what others report) or this is just not widely reported on forums?
I just wonder if instead of doing that PR if try attach some history documents from primary school to show the history this should prove a child is settled since in full time education for 8 years now?...
Thanks again Noajthan
I think you became a BC under previous rules.adinmat wrote:Yes I see it now. I could apply for child's PR together with his mother.
But.. thinking about this, I myself was not applying for PR card at all, just went straight on with AN application and all required documentation. Hearing what you saying about PR card being just a confirmation of the status, surely it should be all right to get this confirmed also on the occasion of MN1 application.
I am going to take this risk (I hope it is really minimal) and submit AN + MN1 without child's PR. I will try to support MN1 application with all possible documentation and details (ie. letter from the school confirming he was a pupil there for 7 years - just this one should really suffice, but I will try to find more documents like that and attach to the application).
Just a quick question here. Following what I just said, what would be the best to do with "If and when the child was given ILR..." field? Since it says "if" I should leave it blank as there was no such thing, but this might be undermining the application?
Part of that question says: "(...) If the child's parent is EEA national (...) you should ensure that they qualify for permanent residence (...)" - that would imply to me that my child does not have to have PR confirmation and just needs to "qualify for it" - which I am going to support with all possible evidence.
Does all of that make sense?
You have misunderstood (or I was not clear).adinmat wrote:/sadface......
** demonstrate direct family member relationship, prove residency of child **
Child usually does not have anything like an adult: usually no correspondence, no bills, no accounts, and so on. How can I demonstrate all of that?... How others do that? It is getting to the silly point where both parents settle and live in the UK and child is... what? abandoned?
And it does not matter if I applied for PR for a child, I would have to support it the same way, right? Really lost my plot now!
Hopefully you are talking about mother's proof of residency etc - if it is mother who is the remaining, valid EEA sponsor then she needs to be the one proving she was in UK. (As a BC you can't be the EEA sponsor any more).adinmat wrote:Heads up: submitted application through NCS today.
They made me run (literally) for my money, as they requested P60 / payslips as a prove of residency for AN application - and I wasn't ready for this (had all sort of documents proving addresses for few last years - but it was not accepted) - had 30 minutes to produce them..... Luckily I live close by.
Apart from that they actually asked and took letters from schools for MN1 application and pretty much nothing else for a child (nothing to prove the connection between applying mother and a child, like addressed documents linking both). It was all very short listed, I hope they know what they are doing.
...
I just hope whatever we submitted applications wise is sufficient to at least the point where they may ask for more to prove something, rather than decline the whole lot.
Let's see how it goes.