Naturalization -- EEA Route

[KKD]

could someone please advise on when i can apply for naturalisation as a family memeber of an EEA member after 6years of residency. This is my story

Married EEA wife: Ausugt 2003
5yrs RC issued: 29 Jan 2004
Applied PR: 28 Jan 2009
PR issued: 30 Sept 2009

My question is can i apply naturalisation after Jan 2010 as this marks the 6year rule of my EEA partner exercising treaty as stated in page 5 of naturalisation guide. I read a post here and someone was able to do this.

Please help

[jyde]

I am not expert on this topic but i know the link below will answer your question just like mine was answered:

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

[Obie]

You qualify to apply now, provided you have passed the life in the UK test.

You clock start ticking from August 2003, when you got married to EEA national.

[KKD]

You qualify to apply now, provided you have passed the life in the UK test.

You clock start ticking from August 2003, when you got married to EEA national.

Yes i am yet to take the life in the UK test, that shouldnt be a problem but was not quite sure if i qualify yet, thought the treaty would be from the date my mrs and i were both given RC which was Jan 2004 and 6years from then would be Jan 2010.

If i apply for naturalisation via EEA route, do i need to provide evidence of her treaty for the last 5yrs or my passport is enough to show that. What sort of documents would i need to take with me?... all suggestion are welcome, i just dont want to apply and they would tell me am not eligible and my £720 would go down the drain.. HELP.....

[keshgrover]

You qualify to apply now, provided you have passed the life in the UK test.

You clock start ticking from August 2003, when you got married to EEA national.

Obie,

I got quite similar query. Do a non-EU partner EU national needs to provide all treaty documetns and ID's of EU national when an individual applies for Naturalisation. HO call centre people have different views on it but they are not very sure. Could you kindly put some light on.

[Obie]

This is a requirement, if the non EEA family member and the EEA family member, did not apply for a Permanent Resident Certificate/Card, or are claiming to have started exercising treaty rights before the above mentioned certificates were issued.

For Example, if you are claiming to have been in the UK since 2003, but your resident card was issued in 2004, you will be required to provide evidence you were exercising treaty rights before those documents were issued, should you wish to apply for Permanent Resident Certificate or card when you qualify, which is a long period , in most cases, before the Residency documents are issued.

For Naturalisation, you might be required to provide the P60, or Tax assessment covering those period in order to qualify.

Therefore, it is advisable to keep those first payslips or P60 or agreed tax assessment, as they can prove very useful, in the long run

[keshgrover]

This is a requirement, if the non EEA family member and the EEA family member, did not apply for a Permanent Resident Certificate/Card, or are claiming to have started exercising treaty rights before the above mentioned certificates were issued.

For Example, if you are claiming to have been in the UK since 2003, but your resident card was issued in 2004, you will be required to provide evidence you were exercising treaty rights before those documents were issued, should you wish to apply for Permanent Resident Certificate or card when you qualify, which is a long period , in most cases, before the Residency documents are issued.

For Naturalisation, you might be required to provide the P60, or Tax assessment covering those period in order to qualify.

Therefore, it is advisable to keep those first payslips or P60 or agreed tax assessment, as they can prove very useful, in the long run

OK. Lets make it bit more clear.
My uncle got married in october 2003. Got RC in December 2003. Applied PR in November 2008 and got it in June 2009. Now if he applies his BC in coming future (Which is November 2009) Does he need to provide his wife's treaty right documents and ID as well or only his stuff.

[KKD]

This is a requirement, if the non EEA family member and the EEA family member, did not apply for a Permanent Resident Certificate/Card, or are claiming to have started exercising treaty rights before the above mentioned certificates were issued.

For Example, if you are claiming to have been in the UK since 2003, but your resident card was issued in 2004, you will be required to provide evidence you were exercising treaty rights before those documents were issued, should you wish to apply for Permanent Resident Certificate or card when you qualify, which is a long period , in most cases, before the Residency documents are issued.

For Naturalisation, you might be required to provide the P60, or Tax assessment covering those period in order to qualify.

Therefore, it is advisable to keep those first payslips or P60 or agreed tax assessment, as they can prove very useful, in the long run

this thing gets confusing each day really, well obie, would i still qualify to apply for naturalisation come Jan 2010 on the basis that my 5yrs RC was expired Jan 2009 and from then automatically i should have permanent residence and could apply for naturalisation 1yr from Jan 2009. am i making any sense?

[Obie]

You make perfect sense. Home Office does not make it a compulsory requirement for people to apply for Permanent Resident Card/ Certificate . Once someone meets the requirements, ie five years of resident with their EEA family member in the UK , having exercised EU treaty rights, then they automatically gains the right to permanent Resident.

The endorsement of a PR stamp on your passport simply confirms your rights, it does not confer it.

You can choose not to apply for PR and send your Naturalisation application on AN form a year after you qualify for it, and you will not be rejected.

It is perfectly legit.

To Kesh: Uncle qualifies for Naturalisation now, subject to the date in October when she married and started living together, with his EEA family member, who was exercising treaty rights in the UK.

[KKD]

You make perfect sense. Home Office does not make it a compulsory requirement for people to apply for Permanent Resident Card/ Certificate . Once someone meets the requirements, ie five years of resident with their EEA family member in the UK , having exercised EU treaty rights, then they automatically gains the right to permanent Resident.

The endorsement of a PR stamp on your passport simply confirms your rights, it does not confer it.

You can choose not to apply for PR and send your Naturalisation application on AN form a year after you qualify for it, and you will not be rejected.

It is perfectly legit.

To Kesh: Uncle qualifies for Naturalisation now, subject to the date in October when she married and started living together, with his EEA family member, who was exercising treaty rights in the UK.

thanks very much obie, its makes so much perfect sense exactly what i will be telling NCS at the date i make my application that i could have decided not to make my PR application Jan 2009 and apply Naturalisation Jan 2010 if they want to insist i've not had my PR for 12months. I have decided to apply now end of January 2010. Will start taking the life in UK test ASAP. Great Obie.

[keshgrover]

You make perfect sense. Home Office does not make it a compulsory requirement for people to apply for Permanent Resident Card/ Certificate . Once someone meets the requirements, ie five years of resident with their EEA family member in the UK , having exercised EU treaty rights, then they automatically gains the right to permanent Resident.

The endorsement of a PR stamp on your passport simply confirms your rights, it does not confer it.

You can choose not to apply for PR and send your Naturalisation application on AN form a year after you qualify for it, and you will not be rejected.

It is perfectly legit.

To Kesh: Uncle qualifies for Naturalisation now, subject to the date in October when she married and started living together, with his EEA family member, who was exercising treaty rights in the UK.

Many thanks Obie, One more query. My uncle had his working hours cut from full time to part time due to comnpany's bad situation in 2007 and he could not co-op with his financial commitments. His house got repossesed and about five different credit card companies filed CCJ's on him. He never claimed any benefits in the mean time. He have contacted all of them recently and have made payment arrangements.

What do you think about his chances of getting Naturalise? Your help will be highly appreciated.

Many thanks.

[Obie]

7.7 Debt
7.7.1 Police enquiries, or other information, may suggest that an applicant is heavily in debt. Caseworkers should not use this as grounds for refusal if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, caseworkers should normally refuse the application.

Therefore, in answer to your question, uncle will be fine.

[keshgrover]

7.7 Debt
7.7.1 Police enquiries, or other information, may suggest that an applicant is heavily in debt. Caseworkers should not use this as grounds for refusal if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, caseworkers should normally refuse the application.

Therefore, in answer to your question, uncle will be fine.

That is what I thought. But thanks for re-confirming Obie. You are star.

[KKD]

7.7 Debt
7.7.1 Police enquiries, or other information, may suggest that an applicant is heavily in debt. Caseworkers should not use this as grounds for refusal if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, caseworkers should normally refuse the application.

Therefore, in answer to your question, uncle will be fine.

That is what I thought. But thanks for re-confirming Obie. You are star.

Kesh your uncle should be fine from all that i have read, i need to pay some few bills of and make some payment arrangements ASAP before Jan 2010 when i will be applying. Obie has been really useful for sending that attachment.