Non-EEA Spouse Naturalisation Success
by Mohammed Ali - Wednesday, 10 February 2010, 04:04 PM
To whom it my concern.
I would like to share this information with anyone that is in the same boat as my wife was and how she was successful with her Naturalisation application.
- I am EEA citizen and living since 1999 in UK. Working since that time with full P60. I held in Y04 the IRL.
- My wife a NON-EEA arrived in the UK in June 04. Held a 1Y Family Permit of EEA.
She is house wife and not working (Her Family Permit is depended on me)
- In Y05, my NON-EEA wife applied for her EEA2 and got it for 5-Years, which expires in Sept 2010.
- In Y08 I "a EEA citizen" my Naturalisation application was successful and became British citizen.
- In June 2009, my wife finished her 5-Year stay and automatically held the "Permanent Residency" based on the UK EEA law. She did not need to apply for EEA4. It was not a must.
Because she holds a EEA2 permit valid until Sept 2010, and she is allowed to apply for British Citizenship on June 2010 (One-Year on Permanent Residency rule), she really did not need to send her passport to get EEA4 and everybody in EEA rule knows how long that take
BUT, there is a short cut, UK citizenship law for EEA and their family member either EEA or NON-EEA states that the family member can skip that one year Permanent Residency status if his/her EEA spouse in the mean time has become a British Citizen.
All this info is clear on The UK Border Agency website.
This meant, because I (The husband) am now also British Citizen, my wife did not need to wait for one year on her "Automatic" Permanent Residency and is able to apply for British Citizenship in June 2009, the day she got her Automatic EEA Permanent Residency.
This saved her two things:
1- No need to send her passport to get EEA4 stamp (Lord knows how long that would have taken)
2- Reduced her Residency Rule for EEA and thier Family member (NON-EEA) from 6-years (5 years EEA2 & 1 Year PR) to 5-years.
Now, because she is not working and never worked yet (looking after our kids at home), these are the documents needed for her Naturalisation Application.
NOTE: I would advice anyone in the same situation as my wife was to send their naturalisation application via Council service "Nationality Checking Service". In my wife case, while we where there, they called direct the Naturalisation Case worker who knew very well all the laws and rule and confirmed the above and short cuts and the documents needed.
So here ware the documents needed in the case of my wife:
Note: Services via Nationality Checking Service, you can keep the original
documents + passports. They certify the photo copies.
1-The Husband EEA & British passport
2- The Husband Naturalisation as British Citizenship certificate.
3- The Wife (Applicant) NON-EEA passport (with EEA2 stamp)
4- Life in the UK test pass certificate
5- Since the wife does not work, the then Husband last 6-years P60
6- Letter from GP or Dentist confirming that the wife has been registered at them for the past 5-years and is regularly visiting the practice (This proves that she has been resident in the UK for 5-years, as she does not have P60).
7- Our marriage certificate
8- Up-to-date Council Tax statement (To confirm the address)
9- Utility Bill as another confirmation of address
10- Last three months Bank statement (Applicant if he/she has one or from the EEA/British spouse).
My wife time line :
- June 2004 Arrived in the UK with 1-Year EEA Family permit
- Sept 2005 EEA2 stamp (Resident Document) valid until Sept 2010
- June 2009 My wife applied for British Citizenship based on the above laws
and described.
- Sept 2009 British Citizenship Application successful
- Oct 2009 British Citizenship ceremony
- Oct 2009 British Passport
If anyone is in the same situation and unless the current Citizenship Law does not change, the above is what you can do legally.
