Complicated!! Family member of EEA national - naturalisation

[leighsabine]

Hello all,

I'd really appreciate some advice, since I keep getting conflicting info (from UKBA, checking service, immigration lawyers) and would prefer not to waste my money anymore!!

I am a South African passport holder, married to a German passport holder, currently living in London for almost 10 years.

I was initially granted an 'unmarried partner of an EEA National" visa for 2 years, which I then renewed for a further 3 years. During which time we got married and have been married for just over 2 years now.

I was told I wouldn't need to apply for ILR since I qualify for the automatic Permanent Residence after 5 years as a family member of an EEA national. So I didn't apply for ILR.
After a year on this supposed 'permanent resident' status (6 year rule), I went off the the council checking service this morning to apply for naturalisation and they informed me I do not qualify as I have only been married for 2 years and the previous time on the unmarried visa does not count, as it does not count as a Family Member. This is despite the fact I can prove we have been living together in a stable relationship for the past 8 years, are currently married and have a child!!

So, to recap:
2006 - 2008 Residence Permit (Unmarried partner of EEA national)
2008 - 2013 Residence Documentation (Residence Card of a family
member of an EEA National)
2009 - Get married
2011 - Supposed start of automatic Permanent Residence
2012 - Naturalisation ?!?!

So what do I do now?!
Sorry for the essay - any advice greatly welcomed!!

Thank you,
Sabine

[Jambo]

Not complicated at all. NCS are wrong. Did they gave you that answer over the phone? Ask them to call the HO to verify stating they you have held documentations under EEA regulations for over 6 years. If they still refuse, you can try another council or apply by post.

[leighsabine]

Thank you so so much for your reply!

The woman at NCS spoke directly to 2 different 'caseworkers' at the Home Office who both told her that my status as Family Member only relates to the time I have actually been married (ie from the date of my marriage certificate) and they would deny my application on that basis.

I have been trying all day to call the UKBA but I can't seem to get through to anyone!

She said it's also because my visa still states limited leave to remain as well and sent me on my way. She also said the 2 caseworkers at the HO told her that 'residence' rights are very different to 'naturalisation' rights, so although I have a visa under 'family member' - under naturalisation laws this does not count. I guess the definition of Family Member is different for the purposes of visa as opposed to naturalisation??

Should I go ahead and apply anyway? The proof I have is P60's, mortgage, letters from employers and countless joint bills, council tax etc.

Another sticking point is that my husband's 'blue residence card' starts only end of March 2006 - do I need to wait until the end of march in that case to apply even if I can prove he has been exercising his Treaty rights here since 2004?!

Thanks again!

[Jambo]

Unfortunately the naturalisation case workers are not very familiar with EEA regulations as well. Ask NCS to call someone from the European case workers team.

If the HO has approved your durable relationship to an EEA national, then those years count for PR. period.

She is also wrong that you need to have Indifinite leave stamp. Under EEA regulations, this is obtained automatically.

Your husband blue card date is irrelevant. If he can prove he was working during 2006, that's enough.

I would try to talk to NCS again unless if you don't mind being without your husband and your passport and then you can apply by post.

[leighsabine]

Thank you so much for your response!

So, to clarify:

My letter and visa from the Home Office stating I am the Family Member of an EEA national, are dated the 13th of March 2006.

Am I correct in thinking I can therefore only apply for Naturalisation on the 13th of March 2012?

If that's the case, then will it be a problem that my South African Passport expires in February 2012?!

Thanks once again!

[Jambo]

You are correct. As you were unmarried partner at the time, it is from the time the HO recognised your relationship i.e. the date on the sticker/stamp.

No problem applying with an expired passport.

With regards to NCS, you can ask to book an appointment even if they think you are not eligible. They are not suppose to provide immigration advice, just a service of validating that your application is complete and copying your documents. Just tell them you are willing to take the risk of losing the application fee if you are wrong.

[leighsabine]

After an entire day (!) on hold, I finally got through to someone at the UKBA who told me that although Permanent Residence may be automatic after 5 years, you still need proof of it via the EEA4 form, and without that, I cannot apply for Naturalisation!!

It's just one thing after another. No idea what to do now. £800 is a lot of money to gamble away!!

What do I do now?!

Thanks again

[boloney]

After an entire day (!) on hold, I finally got through to someone at the UKBA who told me that although Permanent Residence may be automatic after 5 years, you still need proof of it via the EEA4 form, and without that, I cannot apply for Naturalisation!!

It's just one thing after another. No idea what to do now. £800 is a lot of money to gamble away!!

What do I do now?!

Thanks again

Why are you so desperate getting it now?you can apply for confirmation of PR, wait another year and then apply for it.
Is there any reason you need it now?

[leighsabine]

I am going back to South Africa in March for at least a year, maybe more - hence the rush!
Already been in the UK 10 years and do not want to delay a further 2 years!

[Jambo]

I would be careful in trusting what the HO call centre tells you over the phone as I stated in my first post , there are not the case workers who make the decision. Best is having NCS calling the European case workers team directly. You won't have access to them over the phone. NCS does.

The AN guide booklet clearly states you don't need to have PR confirmed. That's the reasoning behind section 2.4 in the naturalisation application form.

No matter what you do, I suggest you attach a cover letter to the application explaining on what basis the application is made as it clears that at least several HO emlpyees don't know the rules.

If you are planning to go to SA in March, then you don't have a lot of choices anyway.