Apply for EEA4 or get PR automatically?

[leoleo]

Dear All
Could anyone please advise me on the following.

I'm a non-EEA with a permission to stay in the UK as a family member of EEA national. I've been living in the UK since 2001. I got married on the 30th of August 2005 with an EEA national and got my permission to stay in the UK (EEA2).

I understand that after you have lived in the UK for a continuous period of five years you can apply for a permanent residence.

As a NON-EEA national do I need to apply for EEA4 (PR) or will I get it automatically on the 31 Aug 2010?

When can I apply for Naturalisation?

I would appreciate your reply to my questions.
Thank you.

[John]

You will get PR status automatically on 30.08.10. However having PR status, and proving it, are two different things, so for a non-EEA person it is a good idea to submit an EEA4 application. Without the PR sticker, how would you prove you have that status, prove to an employer for example.?

Naturalisation? Unless you are married to a British Citizen, you need to have PR status for 1 year before applying. So it looks like 30.08.11.

[leoleo]

Hi John.

Thank you for your advice.
From my personal experience I know that Home Office takes few month (once it took them 1 year and 4 month! ) to make a dessision.
If I send my EEA4 to them on the 30.08.10 and receive my passport back with the PR Sticker 10 month after (lets say 30.06.11), will I still be able to apply for naturalisation on the 30.08.11 or will I have to wait a year until 30.06.12?

Thank you

[John]

The PR sticker is merely confirmatory. It does not give additional rights .... it merely confirms you have those rights.

So based upon what you have posted, you get PR status automatically on 30.08.10, irrespective of when the PR sticker is issued. But do retain your evidence, showing that you commenced to exercise Treaty Rights on 30.08.05, and have exercised them ever since.

When you can apply for Naturalisation will of course depend upon legislation in force at the time. Based upon what we now know it looks like 30.08.11. However ahead of a General Election, especially where the result of that election is not totally clear, but could lead to a change of Government, of course no guarantee can be given now about your 30.08.11 date.

[leoleo]

John, Thank you for your prompt response