can i apply for EEA4 and for naturalisation at the sametime

renu · Post by **renu** » Tue Sep 11, 2012 12:21 pm

hi, i have a visa of 5 years (EEA2), which is valid until May 2013. since, i was married in November 2007, this year in November, i can put an application for EEA4 as my marriage will be 5 years. however, my husband has recently attended the naturalisation ceremony and now in the process of applying british passport. i know i can apply for naturalisation as well as now i am a spouse of a BC but my worry is that i do not know how long the process will take and at the end of April 2013, i will have to show a valid visa to my work place. so, i was thinking, i can take the life in the uk test and then apply for naturalisation via council.normally council doesnot send the passport, so i can apply for EEA4 while my naturalisation application in process just in case my naturalisation application delay. i am worried as i need to show a valid visa to my employer. do you think i can do this and if i apply for naturalisation, which form should i use? please help. thanks

noble72uk · Post by **noble72uk** » Tue Sep 11, 2012 1:02 pm

renu wrote:hi, i have a visa of 5 years (EEA2), which is valid until May 2013. since, i was married in November 2007, this year in November, i can put an application for EEA4 as my marriage will be 5 years. however, my husband has recently attended the naturalisation ceremony and now in the process of applying british passport. i know i can apply for naturalisation as well as now i am a spouse of a BC but my worry is that i do not know how long the process will take and at the end of April 2013, i will have to show a valid visa to my work place. so, i was thinking, i can take the life in the uk test and then apply for naturalisation via council.normally council doesnot send the passport, so i can apply for EEA4 while my naturalisation application in process just in case my naturalisation application delay. i am worried as i need to show a valid visa to my employer. do you think i can do this and if i apply for naturalisation, which form should i use? please help. thanks

Hi There I understand that your partner is now a BC and he's an EEA as well.

your residence is under Regulations family memeber of an EEA to be elegible to apply for BC you need to be free from Immigrations control.
My Advice to you is to avoid the risk of losing the Fees. You need to apply for your PR if you can show the UKBA that you have lived with your partner for 5 Years and once you get your PR apply for your BC as a spouce of a BC

For naturalisation check here

http://www.immigrationboards.com/viewtopic.php?t=95747

Regards

Post by **Jambo** » Tue Sep 11, 2012 1:23 pm

As your husband has a PR already, the risk of losing the fees is very small. You just need to show you have been in the UK for more than 6 months a year for 5 years.

It is possible to do the applications in parallel (NCS for naturalisation and post for EEA4). I suspect you would become British before getting the PR Confirmation but with the EEA4 application you should also get a CoA which would state your right to work and could be shown to your employer.

renu · Post by **renu** » Tue Sep 11, 2012 4:53 pm

thanks, i am thinking to put my EEA4 application by beginning of october, do you think it is too early or i have to wait until november...

Post by **Jambo** » Tue Sep 11, 2012 5:30 pm

2-3 weeks before your marriage date should be OK (because of the HO backlog). However for EEA4 you need to send originals so if you want to apply for naturalisation you will need to apply for that first via NCS, keep the originals and send them in the EEA4 application (the same evidence is required for both applications).

renu · Post by **renu** » Wed Sep 12, 2012 12:17 pm

i found that i can go in person to HO to apply for settlement but the fee is more than postage, do you think i will get my settlement same day?also, which form do i have to use, is it AN or set(m)?

renu · Post by **renu** » Wed Sep 12, 2012 12:39 pm

ALSO,when i am checking on the life in the UK test, i found that they are asking whether i am applying for settlement or citizenship...what is the difference and iin my case, will it be settlement only?

Post by **Jambo** » Wed Sep 12, 2012 1:04 pm

renu wrote: i found that i can go in person to HO to apply for settlement but the fee is more than postage, do you think i will get my settlement same day?also, which form do i have to use, is it AN or set(m)?

You can't apply in person for EEA4. The term settlement usually refers to people under the UK immigration rules, not EEA regulations. The same-day appointments are for people under other immigrations categories (work visa). Form AN is for naturalisation. EEA4 is for PR Confirmation ("settlement" under EEA regulations). SET(M) is for people with a UK spouse visa.

renu wrote:ALSO,when i am checking on the life in the UK test, i found that they are asking whether i am applying for settlement or citizenship...what is the difference and iin my case, will it be settlement only?

It should be naturalisation as you don't require the test for settlement.

renu · Post by **renu** » Wed Sep 12, 2012 1:13 pm

i mean i can apply for indefinite leave to remain as the spouse of a BC in person at HO...but i dont know whether i need to apply via set(M) form or AN.

Post by **Jambo** » Wed Sep 12, 2012 1:41 pm

renu wrote:i mean i can apply for indefinite leave to remain as the spouse of a BC in person at HO...but i dont know whether i need to apply via set(M) form or AN.

You can't. For that, you are required to have spent two years on a UK spouse visa category which I suspect you haven't.

renu · Post by **renu** » Wed Sep 12, 2012 2:07 pm

in that case, how can i apply for indefinite... i am confused now

Post by **Jambo** » Wed Sep 12, 2012 2:19 pm

You don't.

ILR applies when you have been under the UK immigration rules.

PR applies when you have been under the EEA regulations.

The two are similar (with subtle differences between them).

For your purposes - showing eligibility to work and/or apply for naturalisation - PR is the same as ILR.

ruraldweller · Post by **ruraldweller** » Sun Dec 09, 2012 12:52 pm

hello

I have been married to my eu national since 2009, we married in my country by proxy and i submitted my passport for endorsement 2010 and was issued 5 yrs visa on may 2011, since then we have been together. Now when do i need to apply for PR. Should i start counting from 2009(marriage year) or from 2011(Visa yr).

aledeniz · Post by **aledeniz** » Sun Dec 09, 2012 1:36 pm

ruraldweller wrote:I have been married to my eu national since 2009, we married in my country by proxy and i submitted my passport for endorsement 2010 and was issued 5 yrs visa on may 2011, since then we have been together. Now when do i need to apply for PR. Should i start counting from 2009(marriage year) or from 2011(Visa yr).

Is this "5 yrs visa" a residence card you got through the EEA2 application?
When did you actually move in UK?

I married in my wife's country, she moved in the UK 6 months later, 3 months after getting the EEA FP, my understanding is that the count in her case starts the day she entered in the UK.

ruraldweller · Post by **ruraldweller** » Sun Dec 09, 2012 8:50 pm

aledeniz wrote:
ruraldweller wrote:I have been married to my eu national since 2009, we married in my country by proxy and i submitted my passport for endorsement 2010 and was issued 5 yrs visa on may 2011, since then we have been together. Now when do i need to apply for PR. Should i start counting from 2009(marriage year) or from 2011(Visa yr).
Is this "5 yrs visa" a residence card you got through the EEA2 application?
When did you actually move in UK?

I married in my wife's country, she moved in the UK 6 months later, 3 months after getting the EEA FP, my understanding is that the count in her case starts the day she entered in the UK.

I was already in uk b4 the marriage, as i said we did it by proxy. since i could not do it here and i can't travel either i have to send my wife to my country as that will also give her the opportunity to stay with my family for some time,

jotter · Post by **jotter** » Mon Dec 10, 2012 1:09 am

ruraldweller wrote:hello

I have been married to my eu national since 2009, we married in my country by proxy and i submitted my passport for endorsement 2010 and was issued 5 yrs visa on may 2011, since then we have been together. Now when do i need to apply for PR. Should i start counting from 2009(marriage year) or from 2011(Visa yr).

Since you were in the UK, you can count from the date on your marriage certificate as long as:
1. Your EU spouse was exercising EU treaty rights at the time and has been doing so since without a break.
2. Your EU spouse has not been outside the UK for over six months in any year since that time.

If there is any period that you cannot account for with the above, then you'll need to start your 5 year qualifying period after that time.

ruraldweller · Post by **ruraldweller** » Mon Dec 10, 2012 7:53 am

Thanks for the reply, i guess i can apply for my pr by 2014.

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can i apply for EEA4 and for naturalisation at the sametime

can i apply for EEA4 and for naturalisation at the sametime

Re: can i apply for EEA4 and for naturalisation at the samet