EEA National family member, citizen application question

[cbrou04]

Hi all,

I've recently filled out all my forms to apply for British Citizenship (and passed my life in uk test) after living here in the UK for more than 6 years. My "path" here is as follows:

-Entered UK around 24th of July 2009 with EEA Family Permit (via Dublin so initial stamp was Irish), as a partner of my now french husband (proved we were in a family like relationship)
-After the 6 months of validity of my EEA family permit I applied for and received my EEA2 in 2010.
-EEA2 received in June 2010.
-My husband and I got married in October 2012
-Have lived in the UK for 5 years in July 2014 (according to legislation I am automatically a permanent resident after 5 years and technically do not need to apply for an EEA4 <although we do so that employer has the physical documentation and makes movement easier>)
-Applied for EEA4 in February of 2015, received in June 2015
-July 2015, have lived in the UK for 6 years
-Would like to apply for british citizenship now (late September/early October 2015)

I called a NCS as I do not want to hand over my passport or residency permit as I do plan to leave the country for work and holiday in the coming months, they advised me that since I just received my EEA4 in June of this year that I should wait until I have had that for a year before applying.

This isn't correct is it? Technically an EEA or family member of EEA citizen has automatic permanent residency after 5 years and even in my citizenship application it states that if you don't have the EEA4 you need to show more to prove right of residency in the last 6 years.

I don't want to pay £1000 to get rejected, they also asked something to the affect of how long my husband and I have been married (which puzzled me as I lived in this country as a family member of EU citizen for 3 years before we actually got married), which I think is irrelevant to my application. Once I'm a permanent resident my status with my husband separates and I'm a perm resident in my own right so am a bit confused?

Anyone? I've been trying to find specific legislation from their website that points these facts out (that I can apply for citizenship after 6 years of living here, don't need to be married nor have the EEA4 documentation), if anyone knows where I could find this that I could print out and send along with my application (highlighted of course) that would so helpful.

Many thanks!

[chocolateorange88]

i think the NCS is mistaken.

If you apply just add the information u told us hereon the ' additional info' page and it should be fine.

Have you passed the Life in the UK test?

[noajthan]

Hi all,

I've recently filled out all my forms to apply for British Citizenship (and passed my life in uk test) after living here in the UK for more than 6 years. My "path" here is as follows:

...

-Would like to apply for british citizenship now (late September/early October 2015)

I called a NCS as I do not want to hand over my passport or residency permit as I do plan to leave the country for work and holiday in the coming months, they advised me that since I just received my EEA4 in June of this year that I should wait until I have had that for a year before applying.

This isn't correct is it? Technically an EEA or family member of EEA citizen has automatic permanent residency after 5 years and even in my citizenship application it states that if you don't have the EEA4 you need to show more to prove right of residency in the last 6 years.

I don't want to pay £1000 to get rejected, they also asked something to the affect of how long my husband and I have been married (which puzzled me as I lived in this country as a family member of EU citizen for 3 years before we actually got married), which I think is irrelevant to my application. Once I'm a permanent resident my status with my husband separates and I'm a perm resident in my own right so am a bit confused?

Anyone? I've been trying to find specific legislation from their website that points these facts out (that I can apply for citizenship after 6 years of living here, don't need to be married nor have the EEA4 documentation), if anyone knows where I could find this that I could print out and send along with my application (highlighted of course) that would so helpful.

Many thanks!

Regarding your plea:

I've been trying to find specific legislation from their website that points these facts out

Well the guidance booklet accompanying form AN effectively says all that.

See, (& read as a whole), sections 2, 4, 6 of:
https://www.gov.uk/government/uploads/s ... n_2015.pdf

In principle you seem correct.

See also forum FAQs, Q5 - options 1 & 2:
http://www.immigrationboards.com/britis ... 95747.html

By their line of questions it is those types of options that NCS were evidently getting at.

NCS are presumably following a crib sheet and not digging into the nuances & subleties of the legislation (& your case).

Second-guessing the NCS thought process - probably risky but here goes...,
NCS asked about your dates of marriage as they are taking 'family member' literally - as a spouse (only).
They are evidently assuming your rights are tied to your marriage dates as well as to your spouse's economic activity as a simplistic way to determine your PR date.

Applying the 'free from immigration time restrictions'-rule (ie of 12 months if not married to a BC) they then come up with 2016.

btw - it's not just your presence in UK that matters; your status & residency (as a dependent family member) depends on your sponsor.

I sense you are aware of most if not all of this, I'm just laying down my thought process, step by step, in case it helps.

In principle PR is acquired automatically but don't forget the privilege of naturalisation is not just 'another residence card' or a type of 'visa'.
You are now operating within different legislation, ie the BNA & not EU rules nor Immigration Regulations.

The AN form doesn't help either;
it is ofcourse generic, & applies to many different people who are applying in differing circumstances, so some of the time periods in the questions (eg details of last 6 years to establish PR) don't match up with your specific timelines.

So you still have to be able to prove to HO satisfaction that your sponsor has been exercising treaty rights as a qualified person, continuously for (some period since you both arrived in UK) of 5 years.

As per your stated history HO will want to see the proofs that you acquired PR in July 2014 (if you believe you did) because the confirmation of PR card that you have is for a later period.

As some of that time was before your marriage they may look for evidence of a durable relationship (akin to marriage) before your marriage.
I realise you believe you have proved all this before but this is a fresh application under different legislation.
The documents you obtained before will ofcourse help; (FP, RC, PR card etc).

A cover letter in the 'additional information' section of the form will probably help too;
if you can 'spoonfeed' the caseworker it will (surely) help them to understand & agree with your stated facts & so process your case.

Having established all this the hopefully the rest of your application (including KOLL, absences within limits, physical presence in UK 5 years before date of application, sound mind, good character, referees & etc) will be "un promenade dans le parc".

Good luck.

[cbrou04]

Very helpful thank you, yes I did pass my life in UK and have all our backup documentation for 5 if not the full 6years we've been living here and did so as needed to get the EEA4 (I did also submit my marriage certificate too but rather more as the cherry on top) so I'll make sure to find where I placed that and submit that along as well.

I will wait to apply in October as my husband started his current employment then and been there for the past 6 years so hard to argue with the 6 years of p60s!

Many thanks

[noajthan]

I will wait to apply in October as my husband started his current employment then and been there for the past 6 years so hard to argue with the 6 years of p60s!

Many thanks

This clarifies the latest position around PR:
http://www.immigrationboards.com/britis ... l#p1289482