EEA family permit to naturalisation

vipo · Post by **vipo** » Wed May 02, 2012 2:38 pm

Hi all, i would to know if anyone would be able to clarify few things for me as I get mixed information reading the HO website about the subject.

First of all, I have been living, as a Non EU National with my partner, who is an from an EU member state, since 1998 and i came to the UK in 1994 (legally but overstayed out of stupidity). We have two kids who were born in UK.

In 2008, i applied for the EEA family Member card (5years), which I received almost 2 years later in 2010 due to the HO work overload. I have no criminal record and a hard working person. Never been out of the country for more than 3 weeks.

Even though my partner is from an Member State, also has the PR card as she also been living here for more than 14years.

I would like to know if I should apply for BC since I have been here for more than 14 years or just apply for the PR which seems the natural route to getting the BC. What are my chance of getting either?

Many thanks.

Post by **Jambo** » Wed May 02, 2012 2:56 pm

Under EEA regulations, PR status is obtained automatically. You don't need to apply for it. What you apply for is a confirmation from the HO that you hold PR status.

After such a long period in the UK, you most likely have obtained PR already but please answer a few questions to clarify your status:

* Are you married to your partner? When did you get married?
* Since when does your partner have a PR card?
* Why did you apply for a 5 years Residence Card in 2008 and not a PR confirmation?

vipo · Post by **vipo** » Wed May 02, 2012 7:20 pm

thanks Jambo for your reply.

- No we are not married

- and as for her PR i cannot think on top of my head but it was about a year or two before i send in my application around 2006/2007

- I guess because we were advised to do so by member of the IASUK immigration advisory service (does not exist anymore, I think), as a safe bet, so we went for it.

Many thanks again Jambo

.

Post by **Jambo** » Wed May 02, 2012 8:58 pm

and I assume you didn't have a valid visa in the years before 2008?

As you are unmarried partner, the time you started to live under the EEA regulations is not as clear as a married couple so I would not apply for BC directly at this point (and risk losing the £850 application fee).

I would apply for PR now using form EEA4. The application is free so no much downside. You will need to provide evidence you have lived with your partner for the past 5 years. The fact that she already have a PR before those 5 years would make your application very simple:

* She will need to prove she did not leave the UK for more than 2 years during that period. Tenancy agreement, council tax bills, utility bill can be used to prove that.
* You will need to prove you lived together and that you did not leave the UK for more than 6 months in total every year. Again - tenancy agreement, council tax bills, utility bills would do the trick.

If the HO confirm you have obtained PR, your can apply for BC 1 year after the PR sticker date.

vipo · Post by **vipo** » Thu May 03, 2012 9:11 am

Thanks Jambo, I will follow your advice and apply for the EEA4 . We still have documents that we provided when applying for the EEA Family Member card and recent ones.
Thanks again for your help Jambo. Much appreciated.

Zerocool143 · Post by **Zerocool143** » Thu May 03, 2012 5:08 pm

Hi

I m married to british citizen but lived in uk for 7 years as eea family member
I got 5 years residency twice plus 1 yr eea family permit
Wen i come in uk. Mean over all 11 years.
I got married wen i had automatic PR time
means i got married wen i was here 6 yers or more.
I applied naturalisation wen i was here for more then 6 n half years
I didnt confirm PR. how they will treat my application confused
I had sent eea treat right proof of up to 6 years of eea national family of mine

anyone can help pls

Zerocool143 · Post by **Zerocool143** » Thu May 03, 2012 5:09 pm

vipo wrote:Thanks Jambo, I will follow your advice and apply for the EEA4 . We still have documents that we provided when applying for the EEA Family Member card and recent ones.
Thanks again for your help Jambo. Much appreciated.

Hi

I m married to british citizen but lived in uk for 7 years as eea family member
I got 5 years residency twice plus 1 yr eea family permit
Wen i come in uk. Mean over all 11 years.
I got married wen i had automatic PR time
means i got married wen i was here 6 yers or more.
I applied naturalisation wen i was here for more then 6 n half years
I didnt confirm PR. how they will treat my application confused
I had sent eea treat right proof of up to 6 years of eea national family of mine

anyone can help pls

Post by **EUsmileWEallsmile** » Thu May 03, 2012 8:38 pm

Zerocool143 wrote:Hi

I m married to british citizen but lived in uk for 7 years as eea family member
I got 5 years residency twice plus 1 yr eea family permit
Wen i come in uk. Mean over all 11 years.
I got married wen i had automatic PR time
means i got married wen i was here 6 yers or more.
I applied naturalisation wen i was here for more then 6 n half years
I didnt confirm PR. how they will treat my application confused
I had sent eea treat right proof of up to 6 years of eea national family of mine

anyone can help pls

Please ask the question once and in one thread. I note it's been answered anyway Thanks.

vipo · Post by **vipo** » Sun May 13, 2012 4:48 am

One more thing jambo

What I would like to ask is , as I still have the original of the documents sent while applying for the EEA family member ie gas, electricity bills, just to name few, to prove that we were living together, do i need to resend those documents and add documents from the last application plus the recent ones OR just the recent documents dating from the last 2 years(when I received my EEA Family Card)?

I mean we have been together for over 11 years that would be a lots of paper work. If I send an average of FIVE documents a year that alone would make 55 documents plus my application form.

Finally my partner and I have been looking for her Resident card she doesn't know where she kept it can she call the HO to get another one? OR do we just need a confirmation number from the HO stating that she has the permanent resident card?

Many thanks again.

Post by **Jambo** » Sun May 13, 2012 7:09 am

You need to provide documentations to cover 5 years of residence. The simplest would be to use the last 5 years. It doesn't matter that you already covered some of the years in a previous application.

Has your partner been working for the whole 5 years? If she did, I would just provide that as proof of her exercising treaty rights. Although this not required if she has a PR status, it would make the application straightforward if she can't locate her PR card. If she haven't been working in the past 5 years, I would contact the HO for advice. The HO would not normally issue a replacement card and might ask her to re-apply. You might need to do a Subject Access Request (SAR) to get a copy of her file from the HO.

vipo · Post by **vipo** » Sun May 13, 2012 7:21 pm

thanks again Jambo

we've both been working over the last five years. My partner confirmed she could be able to get the proof of her exercising right as for her PR card we are still looking as it has been misplaced.

Many thanks Jambo.

Post by **EUsmileWEallsmile** » Sun May 13, 2012 7:52 pm

Even if this has been misplaced, the HO should have a record of the successful application.

vipo · Post by **vipo** » Tue May 15, 2012 9:45 pm

Hi again,

Thanks to EUsmileWEallsmile and Jambo. Another Question.

I am trying to feel in the EE4 Form got to the section 3 and I did not quite understand this bit of information.

Note 1. There is no requirement for your EEA national family member to apply for a document certifying permanent residence and we can decide your case without them applying. However, we must receive evidence of their identity, e.g. passport or identity card. If your EEA national family member wishes to apply for a document certifying permanent residence, they may apply separately using form EEA3.

Also i would like tyo know exactly what sections Do I need to feel as some look like they are not relevant to myself.

Here is the form's link

http://www.bia.homeoffice.gov.uk/siteco ... /eea41.pdf

Many thanks Again.

Post by **Jambo** » Tue May 15, 2012 10:14 pm

Applications under EEA regulations are optional. What the text says is that the EEA national doesn't need to apply for PR in order for the HO to decide if you have obtained PR. However your status depends on the EEA national activities so you will need to provide evidence the EEA national has obtained PR even if he doesn't apply for it.

Assuming you just apply for yourself (no children) then all sections apart from 2, 5, 6.

vipo · Post by **vipo** » Fri May 18, 2012 7:22 am

thanks again Jambo.

vipo · Post by **vipo** » Mon May 28, 2012 4:44 pm

Hi again, i got all our proof of address and also we found the PR card but i got one more question please. As we have lots of documents showing that we are, still and over the last 5 years, living together (hundreds), I would like to know what amount of documentsfor each of the 5 years, would be considered reasonable, for my application.

Assuming you just apply for yourself (no children) then all sections apart from 2, 5, 6

Section 4 of the form seem a bit confusing as my partner is still alive and never left the uk specially the subsections 4.1, 4.2, 4.84.13.
Many thanks.

Post by **Jambo** » Mon May 28, 2012 5:17 pm

I would try to make the application simple. If you got an annual council tax under both of you, that would do the trick. Maybe add a joint utility bill for every year or P60s if includes your home address on them.

You will need to provide proof of residence for you wife since she obtained PR and for you for the last 5 years.

You are right - section 4 is not required.

vipo · Post by **vipo** » Wed May 30, 2012 8:58 am

Many thanks again Jambo. You're fantastic!

vipo · Post by **vipo** » Mon Aug 06, 2012 11:57 am

hi Jambo, I sent my documents since June and I am still waiting for an answer. Sent my Application form recorded but still not even received a letter stating that they received my document. I also tried to call but all i get is recorded voice that then hangs the phone. maybe i did not get the right number to call.
Is this something normal? My application was sent around the end of June, what's the normal waiting time?
many thanks again.

vipo · Post by **vipo** » Mon Aug 06, 2012 12:39 pm

HI again, just checked the UK border agency website and found out that

Our staff cannot provide any information about your application if you applied less than 6 months ago.

traced my application form from the royal mail website

Code: Select all

Your item with reference ZXxxxxxxxxxGB was delivered from our WARRINGTON Delivery Office on 02/07/12

I guess I'll Just have to wait but for how long?
thanks.

vipo · Post by **vipo** » Tue Sep 04, 2012 8:57 pm

Hi Jambo sorry to contact you this way because i need urgent help with my application. I got it returned to me last Saturday with the HO mentioning that my partner's passport was not included even though i included her PR card she has received from the HO itself.
Now the problem is because of her job she needs to travel on a regular basis about every 2 months. Her next travel will in the first week of October and December next . How can send Her passport then ask the HO to send it back as soon as possible?
Also can i use the same application form again as and add a tick that my partner passport has been added or fill out a new one?
Everything else seems fine.
Please help and hope to hear from you soon.
Many thanks again.

Post by **Jambo** » Wed Sep 05, 2012 12:01 am

EEA related questions are better answered in the dedicated EEA section of the forums.

The application form does ask for the EEA national passport (or national ID card if her country has one). You can either argue with them that they have seen the passport a year ago for the PR application or send the passport to them.

If you do send it to them, I suggest you do it after the October travel. Attach a cover letter asking for the passport to be returned as soon as possible, attach a self-addressed Special Delivery envelope (for fast return). Your wife should call the HO 2-3 weeks after applying and ask for the passport back. It normally takes the HO upto 10 days to return it. Sometimes it takes longer if they have difficulties locating the package (make sure you send it recorded/special delivery and note down the tracking number).

vipo · Post by **vipo** » Wed Sep 05, 2012 8:46 am

Thanks again Jambo for your answer. Very helpful, as always.

they have definitely seen her passport twice (for her PR and for my EEA app.) and even though I included the PR card given by the HO they still ask for the passport again.
Anyway, I'll resend it in October then.
Many thanks.

vipo · Post by **vipo** » Fri Oct 12, 2012 11:15 pm

Hi Jambo, it's that time again, I filled in the new form, version 7 which is slightly different, with a new section 6 called "Permanent Residence in Surinder Singh Cases" which I don't think I should complete that section 6. what do you think?
http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

many thanks.

Post by **Jambo** » Fri Oct 12, 2012 11:19 pm

vipo wrote:Hi Jambo, it's that time again, I filled in the new form, version 7 which is slightly different, with a new section 6 called "Permanent Residence in Surinder Singh Cases" which I don't think I should complete that section 6. what do you think?
http://www.ukba.homeoffice.gov.uk/sitec ... /eea41.pdf

many thanks.

Section 6 not relevant to your case (Surinder Singh is for British citizens who used to work in another member state and now returned to the UK with their family under the EEA regulations).

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EEA family permit to naturalisation

EEA family permit to naturalisation