EEA4 then Naturalisation

[osiris]

Just wondering, assuming an individual gains the automatic permenant residence following their 5 year residence on an EEA2 permit. They then apply for EEA4 to confirm these rights, but the application takes, let's say, a year. Can this individual apply for Naturalisation only 1 year after they are granted the EEA4 or are they technically eligible 1 year post EEA2 expiry date?

[m-e-d]

Very good question .... would like to know the answer as well ..

[thsths]

Just wondering, assuming an individual gains the automatic permenant residence following their 5 year residence on an EEA2 permit. They then apply for EEA4 to confirm these rights, but the application takes, let's say, a year. Can this individual apply for Naturalisation only 1 year after they are granted the EEA4 or are they technically eligible 1 year post EEA2 expiry date?

As far as I understand you can apply for naturalisation without ever making an EEA4 application. Permanent residence is a status that is granted automatically after 5 years of exercising treaty rights, and the application is only for a confirmation of this right.

Of course without the permanent resident stamp in your passport, you would need to include all the evidence that proves your status.

[osiris]

Thanks

[Plum70]

Permanent residence is a status that is granted automatically after 5 years of exercising treaty rights, and the application is only for a confirmation of this right.

I wonder if the UKBA only considers the 5 years of economic activity of the union citizen, OR if the non-EEA family member is also required to prove the same for the 5 year period. I believe that the EU Directive only requires the former to be fulfilled (provided that the r/ship is still subsisting after 5 years).

[osiris]

I wonder if the UKBA only considers the 5 years of economic activity of the union citizen, OR if the non-EEA family member is also required to prove the same for the 5 year period. I believe that the EU Directive only requires the former to be fulfilled (provided that the r/ship is still subsisting after 5 years).

Interesting. My fiancee was exercising treaty rights since June 2006 and we were both living in the UK since then. We got our residence cards in February 2007, so it would be interesting to see if we could apply for EEA3/EEA4 respectively in June 2011 or perhaps we should wait until February 2012.

[JA13I]

Just wondering, assuming an individual gains the automatic permenant residence following their 5 year residence on an EEA2 permit. They then apply for EEA4 to confirm these rights, but the application takes, let's say, a year. Can this individual apply for Naturalisation only 1 year after they are granted the EEA4 or are they technically eligible 1 year post EEA2 expiry date?

Neither! To put my 2 cents in, I think that the EEA family member can apply 1 year after the automatic PR status kicks in, i.e, in your case- June 2012... 6 months after your Residence Card expires. Plus, they are allowed a discretion in such cases to the time spend under ILR.

See this to further understand the stance.