when can I start my application?

[mia30]

Hi All,

I would like to start my application as soon as possible, but I'm a little confused when I can start.

I'm an A8 country national (Hungary).
21/09/2008 - I landed in the UK
29/09/2008 - I started university (part-time), but I don't have my non-UK EHIC anymore; instead I have an E104 form and cover letter from Hungary as proof of previous EHIC for this period (not translated)
07/10/2008 - I received my National Insurance number
22/10/2008 - first temp job (no WRS yet as job wasn't long enough)
09/01/2009 - first permanent job
11/02/2009 - applied for WRS
06/04/2009 - WRS certificate issue date, but it shows the actual job start date, too

So what's the earliest application date?

If the E104 form is accepted for proof of Comprehensive Sickness Insurance cover from another EU country, I should be able to apply since 29/09/2014. So will the Home Office accept it? And with or without translation?

If the E104 form is not accepted, when can I apply?

Thanks and good luck for anyone else applying

Mia

[Obie]

By January 2015, you should be able to apply.

[euapplicant15]

Hi All,

I would like to start my application as soon as possible, but I'm a little confused when I can start.

I'm an A8 country national (Hungary).
21/09/2008 - I landed in the UK
29/09/2008 - I started university (part-time), but I don't have my non-UK EHIC anymore; instead I have an E104 form and cover letter from Hungary as proof of previous EHIC for this period (not translated)
07/10/2008 - I received my National Insurance number
22/10/2008 - first temp job (no WRS yet as job wasn't long enough)
09/01/2009 - first permanent job
11/02/2009 - applied for WRS
06/04/2009 - WRS certificate issue date, but it shows the actual job start date, too

So what's the earliest application date?

If the E104 form is accepted for proof of Comprehensive Sickness Insurance cover from another EU country, I should be able to apply since 29/09/2014. So will the Home Office accept it? And with or without translation?

If the E104 form is not accepted, when can I apply?

Thanks and good luck for anyone else applying

Mia

Hi Mai,
Did you end you end up using form E104?
Thanks,
Rumen

[mia30]

Hi Rumen,

I did, but I'm still waiting for decision. I ended up sending my application to the HO on 9 June via NCS. The lady at the registry office was a bit wary about the E104 and said to get it translated if the HO asks for it (standard form so shouldn't, in my opinion). When I showed her that I have NI since October 2008 she said it should be fine as that covers the health insurance issue.
But all this really means nothing, because it is down to the case handler's judgement in the end.
I last heard from the HO on 27 June when they requested the biometric enrolment...

Hope this helps.

Mia

[mia30]

*** UPDATE ***

I started this topic so this is an update.

I applied for British citizenship as an EEA national (Hungarian) and I was refused on the grounds that I have not had permanent residence for 12 months prior to the date my application was received by the Home Office.

The above is simply not true.

The Home Office received my application on 17 June 2015.

I had permanent employment from January 2009 and I attached the following evidence to my application:
P11 for tax year ending in 2009 months 10, 11 & 12.
P60 for tax years ending in 2010, 2011, 2012, 2013, 2014 and 2015.
WRS certificate showing employment commencement January 2009 and issue date April 2009.

So I had exercised treaty rights for 5 years plus more than 12 months before I applied for citizenship.

I also attached UK Residency Document that I obtained only a few months ago with the EEA3 form because, at that point, I thought it would be helpful for citizenship application. Although the document is not required for EEA nationals.

I am concerned that the decision was based solely on the issue date on this document, which is January 2015, and all other evidence was ignored.
I attached it to my application, because it was listed in the document checklist on the applicaton form (provided there was one).

I submitted all other required documents, such as Life in the UK test result, UK degree for proof of English language knowledge, etc.

I was also a university student from September 2008 with health insurance and I was a jobseeker from October 2008. But it really doesn't matter, because I was fully covered and adhered to all immigration laws between 06/04/2009 to the date of application 17/06/2015.

So can I be refused citizenship on the grounds mentioned above?
Is it worth going through the reconsideration process or can I escalate the issue to another body?

It appears that the UK Residency Document invalidated my first few months of exercising treaty rights and changed the timeline of my status. Can this be legal?

I have written to my local MP out of frustration, but I don't think I will achieve anything with it.

Better luck to everyone. I feel like the country I admired so much doesn't care for me at all.

[Obie]

According to my assessment you qualified in Jan 2015. Not sure why you encountered problems .

You can seek a reconsideration or JR.

The burden is on you to demonstrate that you had obtained PR before the document was issued to you .

[mia30]

Hi Obie,

Thank you for your reply. I do understand that it is my job to argue my case. But it is just really angers me that I have already provided all the necessary evidence and the case worker clearly hasn't looked at any other evidence. And there was no two-way communication to let me bring it to her attention.

What is the guarantee that the second time they will be reasonable. Just a rhetorical question as I'm sure it will be up to the case handler's present mood and common sense.

According to my assessment you qualified in Jan 2015. Not sure why you encountered problems .

You can seek a reconsideration or JR.

The burden is on you to demonstrate that you had obtained PR before the document was issued to you .

[momo963]

Hi
Im new to this, can someone pls help me , about to start my eea3 application im from A8 countries moved
here May 2010 started work June same year been working ever since.
Few questions:
1 Do i qualify yet?
2 Is this enough supporting documents?
most of my playslips for the last 5 years
5 p60 one for each year
ID not passport as i have to travel to Denmark for a few days soon
Banks statements if i find all will send all
WRS issued June 2010
Contract of employment three different jobs plus p45s
2 utility bills
marriage certificate
5 yr insurance contribution record from HM Revenue & Custom
Apology if the question have been asked before, will appreciate any input

Thanks

[mia30]

Hi momo963,

My application is still ongoing, it's taking forever, but I do have the residency document via the EEA3 application. I'm also an A8 citizen.

If I remember correctly, I had to use my passport, because the HO said no to my UK driving licence. If you have a national ID card that you can travel with within the EU, it's probably best to call the Home Office if you can use it instead of passport.

Your documents should be okay, but do check with the Home Office if you have any doubts.

For citizenship, you need one more year though (apply after June 2016). Unless you are married to a British national.

If you get your residency document via the EEA3, I suggest you apply for citizenship 12 months AFTER the issue date. Otherwise you are running the risk of being rejected regardless how long you have actually been a resident (that is since June 2015 according to your message).
This happened to me, that's why my application is taking so long. The evidence I submitted wasn't even checked, because the issue date on the residency screwed everything up. I'm waiting for reconsideration.

Have you considered skipping the EEA3 and going straight for nationality? That is if that your ultimate goal.

Regards,
Mia

[vinny]

Have you considered skipping the EEA3 and going straight for nationality? That is if that your ultimate goal.

Cannot.

[mia30]

What do you mean you "cannot"?

EEA applicants are not required to obtain the residency document for nationality application.

[CR001]

What do you mean you "cannot"?

EEA applicants are not required to obtain the residency document for nationality application.

Please do click on Vinny's link 'cannot' as it details the requirement which came into effect on 12th November for all EU citizens to submit a PR card with the naturalisation applications.

[mia30]

Fair enough. Thanks for the info (didn't see that it was a links)

[momo963]

Have you considered skipping the EEA3 and going straight for nationality? That is if that your ultimate goal.

Cannot.

Hi mia30
Thanks for your reply, a bit to early for for citizenship init?
PR I'm planing to apply for don't have to but thought it will
makes things easier for my husband when he have to apply for his
PR in two years time, he's non EU
Thanks again

[CR001]

Have you considered skipping the EEA3 and going straight for nationality? That is if that your ultimate goal.

Cannot.

Hi mia30
Thanks for your reply, a bit to early for for citizenship init?
PR I'm planing to apply for don't have to but thought it will
makes things easier for my husband when he have to apply for his
PR in two years time, he's non EU
Thanks again

You have to apply for a PR card if you wish to apply for British Citizenship. It is now a mandatory requirement to submit a PR card with your application.

[mia30]

UPDATE

This is just an update on my original post.

My application has finally been approved!

I first applied in June 2015, in theory, I was eligible from January 2015.
My application was rejected in September 2015, so I submitted a reconsideration request within a few days. After several calls, letters and emails, I received a letter today containing my ceremony invitation.

I had the local MP involved, wrote three letters of complaint to the Home Office, only one of them got reply with an apologetic tone but very little information. I also called the HO a few times, but calling them is not any more helpful than sending an email that no one reads. I wrote one of the complaints because, after the HO holding onto my documents for 5 months, I had to submit a request three times within a two-month period plus the complaint to finally get them back. The website for the doc request claims the processing time should be 10 working days.

If you haven't read my earlier posts, my application was originally rejected, but I applied for reconsideration because the Home Office made a premature decision. At the time of my application, a PR document was not required, but I had one that was issued just 6 months before my application. Plus, I had proof of my status for the period that my PR doc didn't cover. This proof is also Home Office issued document (WRS). I think the HO made a decision solely on my PR doc, so they rejected it rather quickly.
*** IMPORTANT *** As a user kindly pointed out in this thread, a PR doc held for at least 12 months is now required for EEA applicants (since Nov'15, I think), so make sure to check the requirements before you apply.

Good luck to everyone who are still fighting their way through the system!

P.S. Sorry for any typos, I always miss or put some extra letters in when typing on mobile.

[Noetic]

Thank you for the update and glad it worked out

[noajthan]

As a user kindly pointed out in this thread, a PR doc held for at least 12 months is now required for EEA applicants (since Nov'15, I think), so make sure to check the requirements before you apply.

Good luck to everyone who are still fighting their way through the system!

What a wonderful journey you have had. Congratulations.

You were trying to be helpful but your Note is incorrect.
The following applies to EEA nationals (& family members) applying to naturalise but who do not have a British spouse.

It is freedom from immigration time restrictions for 12 months that is required (for applicants not married to a BC);
ie for applications made under s 6(1) of BNA,

This is evidenced by having PR status (for those on the EAA/EU migration route.

It is not necessarily the same as holding a confirmation of PR card (eg DCPR) for 12 months.

For example, someone may have acquired PR well in the past (as you did) but only applied for a 'confirmation of PR' card later on (as you did).

Having PR status is the key point (not holding a card for 12 months).

However at the time of application for the privilege of citizenship a confirmatory PR card must be submitted;
since November 2015 that has been made one of the mandatory requirements for naturalisation.

Health warning: A PR card does not contain a date of issue.

The date of issue recorded in HO systems may be different from the date someone receives such a card;
and it may be different from the date the holder thinks they acquired PR.
Welcome to the Kafkaesque world of UK HO.

See related link on this vital matter:
british-citizenship/from-12-11-pr-docum ... s#p1289482

[mia30]

Hi,

I'm the original poster. For the benefit of those still in the process, I wanted to give a final update on my journey.

I attended the ceremony mid June and got my certificate... Yay, what a relief!

I applied for a passport early September and received it in three weeks... three days after the interview.

Interview:
I didn't prepare for the interview at all. If you are not attempting fraud and know what's going on in your life (i.e. where you live and lived before, what bank accounts you hold, loans, etc), you cannot mess it up. The interviewers know what they are doing, be genuine. They'll probably start with the question: do you know the purpose of this interview. The answer is simply to verify your identity. I had a great conversation with my interviewer. It's not the place to vent if your experience was bad, they can't do anything.

Hope it helps, good luck everyone