British Citizenship after EEA4

[osiris]

Hi

Just wanted to post my experience and am seeking member advice if possible:

Arrived in UK June 2006.
Me (Canadian), my EEA partner (Irish)

Applied for EEA 1 and 2 - approved and received in Feb 2007

We got married in July 2009

Applied for EEA3 and 4 - received in March 2013

Passed Life in UK test and applied for Citizenship at local Nationality Checking Service. (Myself only not my wife)

Was asked to provide 5 years of P60 to prove still exercising treaty rights (even though EEA 3 and 4 already granted).

The officer at the NCS rang the UKBA Home Office and spoke to her contact.

Apparently, as we have only been married for 4 years, I will have to wait 1 year after the date of EEA4 being issued in order to apply for citizenship.


I thought that as Permanent Residence status was already granted automatically in Feb 2012, I was eligible to apply?

We asked the NCS officer a hypothetical question "What if we were not married"? - The NCS officer said that she did not know the answer to that question.

Just wanted to seek forum advice to see whether I am eligible to apply for citizenship now?


Thanks in advance

[askmeplz82]

Hi

Just wanted to post my experience and am seeking member advice if possible:

Arrived in UK June 2006.
Me (Canadian), my EEA partner (Irish)

Applied for EEA 1 and 2 - approved and received in Feb 2007

We got married in July 2009

Applied for EEA3 and 4 - received in March 2013

Passed Life in UK test and applied for Citizenship at local Nationality Checking Service. (Myself only not my wife)

Was asked to provide 5 years of P60 to prove still exercising treaty rights (even though EEA 3 and 4 already granted).

The officer at the NCS rang the UKBA Home Office and spoke to her contact.

Apparently, as we have only been married for 4 years, I will have to wait 1 year after the date of EEA4 being issued in order to apply for citizenship.


I thought that as Permanent Residence status was already granted automatically in Feb 2012, I was eligible to apply?

We asked the NCS officer a hypothetical question "What if we were not married"? - The NCS officer said that she did not know the answer to that question.

Just wanted to seek forum advice to see whether I am eligible to apply for citizenship now?


Thanks in advance

Senior member will help you. I don't know much about this Citizenship law

i've question:

- how you applied for EEA4 after 4 years marriage ? normally it's 5 years after marriage.

- and How did you apply for EEA2 after 1 year arriving in the UK ? you married your EU national wife in 2009

the reason i'm asking this because i think you need to live together for 2 years before you can apply for EEA2 if applying as unmarried partner

[facts]

Given that EEA national has been exercising treaty rights, I don't see any problem.

You should have relied upon RC (proving that UK recognised non-EEA national being family member of EEA national in Feb 2007) instead of marriage certificate (proving that UK recognised non-EEA national being family member of EEA national in Jul 2009).

[osiris]

Hi

We did provide our RCs as evidence.

I was asked to bring my wife along (and brought our marriage certificate just in case as "extra" evidence)

[facts]

I was asked to bring my wife along

The NCS officer said that she did not know the answer to that question.

Clearly, your NCS officer is not a competent person.
Write a covering letter clearly illustrating your eligibility and ask again.

[askmeplz82]

I was asked to bring my wife along

The NCS officer said that she did not know the answer to that question.

Clearly, your NCS officer is not a competent person.
Write a covering letter clearly illustrating your eligibility and ask again.

They are confused.

If you've told them to check date when RC issued not when you Married

feb 2007 - Feb 2012 ( 5 years )

Feb 2012 - Feb 2013 ( PR )

[wiggsy]

- how you applied for EEA4 after 4 years marriage ? normally it's 5 years after marriage.

Its after five years of excersising treaty rights. Durable partners dont get the right automatically granted, etc. so if they didnt apply for the EEA2 before marriage then there could of been problems (although A Family permit could of helped establish excersising treaty rights).

If the non-eea entered on say an Immigration Rules visitor visa, then the five years would of started on date of marriage etc - as the home office accepted their durable relationship, then PR starts on the date of application. (not on the date of RC issue) [whether this includes the family permit im unsure]

- and How did you apply for EEA2 after 1 year arriving in the UK ? you married your EU national wife in 2009

the reason i'm asking this because i think you need to live together for 2 years before you can apply for EEA2 if applying as unmarried partner

the home office require you to show two years of living together - this can be in another country - and for the purpose of an eea moving to the uk, would be

Even in my wife's first visa application (as an unmarried partner) the home office didn't argue our subsisting relationship, despite it falling short of the two years - two years is a guideline, but other circumstances (family / kids / etc) needs to be taken into account.

@ OP.

you gained PR at feb 2012 at the latest. The home office have accepted this by issuing the PR card.

You do not get PR at the date of issue. the card simply confirms the right you already hold.

You need to have 1 year of unrestricted visa = feb 2013.

you are elegible for citizenship on THAT basis (cant confirm on other basis)
Naturalisation: Standard Requirements
scroll to the EEA section

[askmeplz82]

- how you applied for EEA4 after 4 years marriage ? normally it's 5 years after marriage.

Its after five years of excersising treaty rights. Durable partners dont get the right automatically granted, etc. so if they didnt apply for the EEA2 before marriage then there could of been problems (although A Family permit could of helped establish excersising treaty rights).

If the non-eea entered on say an Immigration Rules visitor visa, then the five years would of started on date of marriage etc - as the home office accepted their durable relationship, then PR starts on the date of application. (not on the date of RC issue) [whether this includes the family permit im unsure]

- and How did you apply for EEA2 after 1 year arriving in the UK ? you married your EU national wife in 2009

the reason i'm asking this because i think you need to live together for 2 years before you can apply for EEA2 if applying as unmarried partner

the home office require you to show two years of living together - this can be in another country - and for the purpose of an eea moving to the uk, would be

Even in my wife's first visa application (as an unmarried partner) the home office didn't argue our subsisting relationship, despite it falling short of the two years - two years is a guideline, but other circumstances (family / kids / etc) needs to be taken into account.

@ OP.

you gained PR at feb 2012 at the latest. The home office have accepted this by issuing the PR card.

You do not get PR at the date of issue. the card simply confirms the right you already hold.

You need to have 1 year of unrestricted visa = feb 2013.

you are elegible for citizenship on THAT basis (cant confirm on other basis)
Naturalisation: Standard Requirements
scroll to the EEA section

THANKS; good 2 know

[osiris]

Hi Wiggsy

Thanks.

You are basically confirming my thoughts.

The only reason I went with NCS is so that we could keep our passports for travel.

So option 1 - apply and send passports
Option 2 - apply via NCS in another council