Documents needed for EEA Naturalization application?

[AncientAlien]

Hi

Please can somebody briefly outline the documents needed by a non-EEA national to apply for British citizenship after 6 years of exercising EEA Treaty rights?
Basically, the applicant wishes to apply directly for BC after 6yrs and not applying for EEA4 at all Will the HO request a copy of the EEA national's passport even if the couple have separated or even divorced at the time of application for BC?

[fysicus]

There is no benefit in skipping the EEA4 application. You will still need to provide the same evidence, including the proof that you have in fact acquired PR.

There is always the possibility that an application is rejected, in which case the application fee will not be refunded. For an naturalisation application this fee is very much higher than for an EEA application (free for now, £55 after 1 July). I think it is very sensible to get the PR confirmation as soon as you are eligible for it, as it mitigates the risks substantially.

Furthermore, in terms of practical benefits, PR gives you already unlimited access to the labour market, social benefits and residence rights, so you might in the end decide not to bother about the naturalisation at all.

[AncientAlien]

There is no benefit in skipping the EEA4 application. You will still need to provide the same evidence, including the proof that you have in fact acquired PR.

There is always the possibility that an application is rejected, in which case the application fee will not be refunded. For an naturalisation application this fee is very much higher than for an EEA application (free for now, £55 after 1 July). I think it is very sensible to get the PR confirmation as soon as you are eligible for it, as it mitigates the risks substantially.

Furthermore, in terms of practical benefits, PR gives you already unlimited access to the labour market, social benefits and residence rights, so you might in the end decide not to bother about the naturalisation at all.

Thanks for the insightful analysis.
I think there's no possibility of rejection if the documents are correct and the rules are followed by both myself and the HO and i have no problems providing all documents which I am currently submitting for EEA4, I am just curious to know whether HO will request EEA wife's passport and PR Card as we are likely to be divorcing soon and I intend to apply for EEA-British Citizenship in June 2014 by which time we would both have long split with me having no chance to obtain her documents.

Though it sounds like a good idea to get the PR through EEA4, I am not happy that the CoA I was given and I hope it is not an omen of bigger struggles to come because it does not state the right to work and I'd rather have my passport back with the EEA2 which is valid till April 2014, then I can directly apply for BC in June 2014. I should have done this instead of submitting EEA4 but I was worried that I would be illegal here between April 2014 when my EEA2 stamp expires & June 2014 when I submit BC application...That concern was resolved a short while ago when I remembered that having qualified for automatic PR in May 2013, I can never "technically" be an illegal in UK even if a stamp has run out on my passport!

[fysicus]

With this description of your situation, I would submit the EEA4 immediately (to avoid the £55 fee after 1 July), and requests passports back as soon as you get the CoA.
If your Residence Card is still valid till April next year, it is totally irrelevant what the CoA says. The Permanent Residence Card will be issued well before then (assuming that all your evidence is in order, as you say) and you will never need to show the CoA to anybody.
Once you have PR confirmed, you will never need documents from your (ex-)wife again. I think you will save yourself a lot of headaches this way.

[AncientAlien]

With this description of your situation, I would submit the EEA4 immediately (to avoid the £55 fee after 1 July), and requests passports back as soon as you get the CoA.
If your Residence Card is still valid till April next year, it is totally irrelevant what the CoA says. The Permanent Residence Card will be issued well before then (assuming that all your evidence is in order, as you say) and you will never need to show the CoA to anybody.
Once you have PR confirmed, you will never need documents from your (ex-) wife again. I think you will save yourself a lot of headaches this way.

Thanks a lot. That sounds in line with what I'm planning and thinking
But where will HO affix the PR stamp if I withdraw my passport from HO?
Perhaps they will just affix it to some paper (I don't really care to be honest, as long as i can work and enjoy my holidays)
Do you know if the HO will enquire why am asking it back? If I say, for example, because I plan to travel, do you know if HO will request to see prove of flight bookings? Please advise.

I don't wanna need anything from my ex-EEA wife, she's a manipulative, cunning, tricky, little European damsel She's very jealous and she chased away ALL my female friends and close relatives, whilst she's been playing the field She cheated with my friends too (according to her latest confessions)
And the man said she tempted him and that he reported to his landlady, he asked me to ask his landlady if I didn't believe him, adding that the landlady didn't particularly like my ex-EEA wifey because she (Ex-EEA) was always making too much noise in bed when she was around!

I knew my ex-EEA wife had a sexual addiction and I was already supporting her regarding the treatments arranged by the Sexual Health clinics, but I did not know that the addiction was as serious as it was when I found out, she has been sleeping around with every Tom, Dick & Harry
She eventually confessed the extent of her sexual problems and admitted that she has a serious problem and cannot be with me anymore (After living together for 7yrs and being married for 5yrs). Her cheating only came to light around 18/6/2013, whereas I have submitted EEA4 application since 5/6/2013, had I known these details, I would not have submitted the application yet.

Anyway, I hope I won't have to discuss all these with HO staff nor do I expect that they will be happy to hear the sordid details either

[Plum70]

That sounds in line with what I'm planning and thinking
But where will HO affix the PR stamp if I withdraw my passport from HO?
Perhaps they will just affix it to some paper (I don't really care to be honest, as long as i can work and enjoy my holidays)
Do you know if the HO will enquire why am asking it back? If I say, for example, because I plan to travel, do you know if HO will request to see prove of flight bookings?

If the UKBA do not have your passport at the time a positive decision is made, then your PR document will be affixed on a ISD A4 sheet.

In terms of holidays (within Europe at least) you may find that some embassies namely the French, may not accept the ISD doc; they insist that residence permits must be affixed in a passport. Of course there are many other embassies who will accept as is, so you have options. For instance, when I presented my PR ISD doc to the Swiss embassy in London they confirmed that they would accept it.

When you fill out the UKBA passport return form there is a field asking the reason which I think is more to assist the UKBA in prioritising requests than snooping on what people are doing or where they are going. When I requested my passport back, one of the reasons being for travel, it was returned speedily - no questions asked.

[Jambo]

See also Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

[AncientAlien]

See also Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

Thanks thats very informative

[kkworla]

Hello good people,

what documents will I need for naturalisation if I am an ex-spouse of an EEA NATIONAL. I have a permanent residency which is only four months old (less than I year required) but I am told I can apply for British citizenship since my marriage lasted for six years before divorcing and my ex-spouse continuously exercised her treaty rights during this six year period (2006-2012). please your advice will be much appreciated

That sounds in line with what I'm planning and thinking
But where will HO affix the PR stamp if I withdraw my passport from HO?
Perhaps they will just affix it to some paper (I don't really care to be honest, as long as i can work and enjoy my holidays)
Do you know if the HO will enquire why am asking it back? If I say, for example, because I plan to travel, do you know if HO will request to see prove of flight bookings?

If the UKBA do not have your passport at the time a positive decision is made, then your PR document will be affixed on a ISD A4 sheet.

In terms of holidays (within Europe at least) you may find that some embassies namely the French, may not accept the ISD doc; they insist that residence permits must be affixed in a passport. Of course there are many other embassies who will accept as is, so you have options. For instance, when I presented my PR ISD doc to the Swiss embassy in London they confirmed that they would accept it.

When you fill out the UKBA passport return form there is a field asking the reason which I think is more to assist the UKBA in prioritising requests than snooping on what people are doing or where they are going. When I requested my passport back, one of the reasons being for travel, it was returned speedily - no questions asked.

[Tyro]

Hello Everyone, please advise on following.

Is it True that I can apply for naturalization after six years of marriage and stay with EEA national. My wife EEA national has already got her PR in January 2013. But my PR application is with Home office since may 2013. It is likely to take 6 month which will be November December this year.

I have been told by NCS that we can both apply for naturalization on completion of our six years marriage.

Please note that, even we got married in October 2007, I didn't get my eea2 residence card until November 2009, as I was already on HSMP and didn't think necessary to apply eea2 straight away. Will this creat any complications, although I was married to and living with EEA national, but I had a different residence status for first two years of our marriage.

Also please comment on, how many weeks before 6 years completion of marriage I can send naturalization app,citation if I m eligible.

Many thanks in advance.

[Tyro]

See also Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

Q5: I'm a non-EEA family member of EEA national. We have two minor kids, we want to apply for naturalization as a family. My wife (EEA national) will complete 1 year since she got her PR.

As per your advise on Q5, we don't have to supply exercising treaty rights document. Does it also apply for q2.4 to q2.6 on AN form. Do we leave it blank.

Also do you need to be physically in the country when you make AN application by post.

Thanks for your help

[Jambo]

See also Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

Q5: I'm a non-EEA family member of EEA national. We have two minor kids, we want to apply for naturalization as a family. My wife (EEA national) will complete 1 year since she got her PR.

As per your advise on Q5, we don't have to supply exercising treaty rights document. Does it also apply for q2.4 to q2.6 on AN form. Do we leave it blank.

Also do you need to be physically in the country when you make AN application by post.

Thanks for your help

You can leave blank but I suggest you add a note on page 13. See a recent similar discussion - question 2.4 & 2.5 EEA nationals exercising EC Treaty Ri.

You don't need to be physically present in the UK but you will need to send your passport (but a EEA national can of course travel using ID card).

[Tyro]

Hi,
Just came across this new rule about knowledge of language certificate from 28th October. We have decided to apply for naturalization before 28th October.

Please advise on following situation
EEA national exercising treaty rights since 15 October 2007. (First job start date) got her PR in January2013.
Husband non eu family member, living together since 2006 but got married on 27th October 2007.

Thinking to apply using NCS. We don't want to wait until 27 October 2013 due to some important travel. We are thinking to Apply on 15 October when Eea national completes 6 years of exercising treaty rights. NCS CAN't hold our application with them and will have to post to HO next day. I am bit worried how cruel HO can be that refusing my application as I have been 15 days short of completing 6 years of marriage.

I am aware that we have to submit proof of exercising treaty rights proof once again. But sure if need to prove last six years, or first 5 years or last 5 years from application.

All suggestion are highly valued. Also please share your experience if someone applied on the basis of 6 years rule.

[Jambo]

Hi,
Just came across this new rule about knowledge of language certificate from 28th October. We have decided to apply for naturalization before 28th October.

Please advise on following situation
EEA national exercising treaty rights since 15 October 2007. (First job start date) got her PR in January2013.
Husband non eu family member, living together since 2006 but got married on 27th October 2007.

Thinking to apply using NCS. We don't want to wait until 27 October 2013 due to some important travel. We are thinking to Apply on 15 October when Eea national completes 6 years of exercising treaty rights. NCS CAN't hold our application with them and will have to post to HO next day. I am bit worried how cruel HO can be that refusing my application as I have been 15 days short of completing 6 years of marriage.

I am aware that we have to submit proof of exercising treaty rights proof once again. But sure if need to prove last six years, or first 5 years or last 5 years from application.

All suggestion are highly valued. Also please share your experience if someone applied on the basis of 6 years rule.

The fee for naturalisation is £874. I was thinking of only paying £860. How cruel can the HO be on only £14 short?!

Rules are rules are rules. In your case, there are discretion that can be applied. If you are short of the 12 months after PR by less than 10 days or if you will reach the 1 year (6 years) by the time the caseworker review your application, the caseworker could apply discretion. Now the big question is whether he would apply discretion especially as he might feel the only reason is to avoid the additional requirement. Do you like to gamble?

[Tyro]

Hi,
Just came across this new rule about knowledge of language certificate from 28th October. We have decided to apply for naturalization before 28th October.

Please advise on following situation
EEA national exercising treaty rights since 15 October 2007. (First job start date) got her PR in January2013.
Husband non eu family member, living together since 2006 but got married on 27th October 2007.

Thinking to apply using NCS. We don't want to wait until 27 October 2013 due to some important travel. We are thinking to Apply on 15 October when Eea national completes 6 years of exercising treaty rights. NCS CAN't hold our application with them and will have to post to HO next day. I am bit worried how cruel HO can be that refusing my application as I have been 15 days short of completing 6 years of marriage.

I am aware that we have to submit proof of exercising treaty rights proof once again. But sure if need to prove last six years, or first 5 years or last 5 years from application.

All suggestion are highly valued. Also please share your experience if someone applied on the basis of 6 years rule.

The fee for naturalisation is £874. I was thinking of only paying £860. How cruel can the HO be on only £14 short?!

Rules are rules are rules. In your case, there are discretion that can be applied. If you are short of the 12 months after PR by less than 10 days or if you will reach the 1 year (6 years) by the time the caseworker review your application, the caseworker could apply discretion. Now the big question is whether he would apply discretion especially as he might feel the only reason is to avoid the additional requirement. Do you like to gamble?

I get your point, I will have to convince NCS to keep hold of our application for 2 weeks, or apply on 24 October, so HO receives it on 27th which is Monday and also our sixth marriage anniversary.
This new rule is applicable from 28th October, so if we submit our application to NCS on 24th, then we don't have to go for language certificate.
I can't believe it they want proof of language after passing life in uk test. And after me and my wife we both did our master degree in this country.

[Jambo]

after me and my wife we both did our master degree in this country.

If you studied in the UK, proof of your studies would be enough. There is no need to take any additional test.

[Tyro]

after me and my wife we both did our master degree in this country.

If you studied in the UK, proof of your studies would be enough. There is no need to take any additional test.

Oho, I didn't know that. Does it say somewhere on UKBA website
If this is the case then we don't have to rush to apply and it will be better if we apply on 5th Jan 2014 when it will be one year since my wife received her PR.

In that case we don't have to submit exercising treaty rights proof once again. right?

Also if we apply after one year of PR, do we still have to follow the rule of not being out more than 90 days in the last year.

Thanks for your valuable advise.

[Jambo]

See Statement of intent. This is the only HO document available at the moment. Also in other cases that require proof of English, A degree taught in English is normally enough for the HO.

If you apply one year after PR Card issue date, treaty rights evidence is not required.

The 90 days in the last year (from the date of your application), is always required.

[Tyro]

See Statement of intent. This is the only HO document available at the moment. Also in other cases that require proof of English, A degree taught in English is normally enough for the HO.

If you apply one year after PR Card issue date, treaty rights evidence is not required.

The 90 days in the last year (from the date of your application), is always required.

This is from Statement of Intent
"The following groups are considered automatically to meet the English language component of the
KoLL requirement and will not be required to show a formal speaking and listening qualification:
• Nationals of majority English speaking countries (Annex A).
• Those who have obtained a degree taught in English.
Both of these groups will, however, be required to pass the Life in the UK test to demonstrate
their knowledge of life in the UK."

Regarding 90 days rule, I think I was confusing it with that you don't loose PR if you are not out of country for continuous 2 years. But I think I get it now, that although you don't loose PR, but you should not have been out more than 90 days in the year you apply for naturalization.

Also if I apply by post in January, My wife and children don't have to be present in the country, as they will stay a bit longer with my in laws, and I can bring their documents and then apply by post in January.

Does HO treats post applications and NCS applications differently..

[askmeplz82]

[quote="Tyro"]Hello Everyone, please advise on following.

Is it True that I can apply for naturalization after six years of marriage and stay with EEA national. My wife EEA national has already got her PR in January 2013. But my PR application is with Home office since may 2013. It is likely to take 6 month which will be November December this year.

I have been told by NCS that we can both apply for naturalization on completion of our six years marriage.

Please note that, even we got married in October 2007, I didn't get my eea2 residence card until November 2009, as I was already on HSMP and didn't think necessary to apply eea2 straight away. Will this creat any complications, although I was married to and living with EEA national, but I had a different residence status for first two years of our marriage.

Also please comment on, how many weeks before 6 years completion of marriage I can send naturalization app,citation if I m eligible.

Many thanks in advance.[/quote

If you've been married since OCT 2007 You should wait till OCT 2013 to apply for Naturalisation

EEA2 is not required by LAW but if someone apply that's very good

5 years count from the day of your marriage to EU national . as long she is exercising treaty right in the UK for 5 years after marriage you can apply for BC after 6 years

Why don't you apply now PR ? It will be more easy for you to apply for BC later.

[Tyro]

If you've been married since OCT 2007 You should wait till OCT 2013 to apply for Naturalisation

EEA2 is not required by LAW but if someone apply that's very good

5 years count from the day of your marriage to EU national . as long she is exercising treaty right in the UK for 5 years after marriage you can apply for BC after 6 years

Why don't you apply now PR ? It will be more easy for you to apply for BC later.

Hi, Thanks for your answer,
I have already applied for PR in May and waiting for an answer. But I if get my PR now then won't I will have to wait one year before applying BC.

I will complete 6 years of marriage on 27th October this year. If we apply on this date then we need to submit exercising treaty rights documents. we can include my wife's PR as well. I don't see why they will make decision otherwise once they have already checked her treaty rights when they issued her a PR.

We want to apply for whole family, two adults and to kids. And want it out of our way as soon as possible.
What is your opinion, apply October after 6 years of marriage, or Apply January after 1 year since my wife received her PR.

[Tyro]

Please advise on following situation
EEA national exercising treaty rights since 15 October 2007. (First job start date) got her PR in January2013.
Husband non eu family member, living together since 2006 but got married on 27th October 2007.

Thinking to apply using NCS. We don't want to wait until 27 October 2013 due to some important travel. We are thinking to Apply on 15 October when Eea national completes 6 years of exercising treaty rights. NCS CAN't hold our application with them and will have to post to HO next day. I am bit worried how cruel HO can be that refusing my application as I have been 15 days short of completing 6 years of marriage.

I am aware that we have to submit proof of exercising treaty rights proof once again. But sure if need to prove last six years, or first 5 years or last 5 years

The fee for naturalisation is £874. I was thinking of only paying £860. How cruel can the HO be on only £14 short?!

Rules are rules are rules. In your case, there are discretion that can be applied. If you are short of the 12 months after PR by less than 10 days or if you will reach the 1 year (6 years) by the time the caseworker review your application, the caseworker could apply discretion. Now the big question is whether he would apply discretion especially as he might feel the only reason is to avoid the additional requirement. Do you like to gamble?

Hi Jambo, NCS gave me some surprising information after talking to home office about my enquiry. she confirmed that we don't have to wait for 6 full years after marriage as we have been in country legally for longer than 6 years already. And Eea national has already received PR. She also said that even if you were to make naturalisation application after one year of receiving of PR, it is still expected to provide exercising treaty rights document for 5 years. I am surprised on both. If we have to go through same documents after one of receiving PR, the what's the point of waiting.
Please share any information in this regard. Also anyone else please share if you have applied after waiting one of receiving PR, and did you have to submit documents of exercising treaty rights again. Thank you.

[Jambo]

I'm confident that what I said are the rules. Buy hey, you don't apply via me but via that NCS...

[Tyro]

I'm confident that what I said are the rules. Buy hey, you don't apply via me but via that NCS...

Hi Jambo, I agree that I apply that NCS, what if she is wrong. Do you know if anyone has applied after waiting one of receiving PR of EU national. Do they have to provide proof of exercising rights again.

I am not sure about this point. If this point is clarified then I will change my change my appointment and apply in January 2013 when it will be one year after PR.

Many Thanks for input so far.

[Jambo]

Hi Jambo, I agree that I apply that NCS, what if she is wrong. Do you know if anyone has applied after waiting one of receiving PR of EU national. Do they have to provide proof of exercising rights again.

I am not sure about this point. If this point is clarified then I will change my change my appointment and apply in January 2013 when it will be one year after PR.

Many Thanks for input so far.

I'm sure that the HO is not required to see treaty rights if applying 1 year after PR card issue date. However, NCS might insist if you want to apply using them. Maybe try calling another NCS.

You can email UKBA and ask.

ukbanationalityenquiries@ukba.gsi.gov.uk