Applying for Naturalisation/BC after Retaining right of Resi

[instavision94]

Hi,

I have not come across this one on this forum so far and wondering if some one could answer a few questions.

A bit of background:

I am a Non EEA national legally in the UK since 2003 (student visa, Work permit etc)
Got married to EEA national in Jul 2008 and switched from work permit to Family member of EEA national which was valid till Jul 2014
Marriage broke down and divorced in Aug 2012 and Retained right of residency
After completing 5 years from the date of marriage I applied for PR in Jul 2013
Due to delay in processing time I was granted PR on the Sep 2013



So far I have had the following information which I have found from this forum Citizenship FAQs - Common Questions - R ... e posting.

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.

2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.

Questions:

1) I understand I have to have 5 years + 1 year PR. But does this 1 year PR start from the day it was stamped or is it a matter of completing 6 years in total? Am I right in understanding I can apply for naturalisation in Jul 2014?

2) Assuming I apply for naturalisation in Jul 2014 how long will it take for me to get my BC?

3) If I use option 1 it says I have to provide proof of the 5 years of exercising treaty rights. So will I have to prove I was exercising treaty rights just for myself of do I have to do the same for my Ex wife?

Sorry it is bit long winded but any help or advice will be greatly appreciated.

Many Thanks

[Jambo]

1) I understand I have to have 5 years + 1 year PR. But does this 1 year PR start from the day it was stamped or is it a matter of completing 6 years in total? Am I right in understanding I can apply for naturalisation in Jul 2014?

You need to have PR for at least one year. You have obtained PR in July 2013. The whole point is how do you prove you had it for at least 1 year. Either the date on the PR card (which would mean applying later) or evidence to show when PR was actually automatically obtained.

Two months to process PR application is pretty fast for the HO. I would wait the extra two months just to cut the paperwork and make the application simple.

2) Assuming I apply for naturalisation in Jul 2014 how long will it take for me to get my BC?

Normally it takes 2-3 months but can take longer.

3) If I use option 1 it says I have to provide proof of the 5 years of exercising treaty rights. So will I have to prove I was exercising treaty rights just for myself of do I have to do the same for my Ex wife?

Basically the exact same evidence you used for the EEA4 application.

[instavision94]

Jambo...Many thanks for your reply.

Two months to process PR application is pretty fast for the HO. I would wait the extra two months just to cut the paperwork and make the application simple.

I made it sound simple. In fact I had sent my documents to HO in Nov 2012 for Retaining my rights. HO already had my documents from then. So when I qualified for my PR in Jul 2013 they were still dealing with my ROR. A bit of luck and push from my MP I was granted PR in sep 2013

If I use option 1 it says I have to provide proof of the 5 years of exercising treaty rights. So will I have to prove I was exercising treaty rights just for myself of do I have to do the same for my Ex wife?

Basically the exact same evidence you used for the EEA4 application.

Sorry Jambo... Just to clarify... exact same evidence I used for the EEA4 application. Does this mean just for myself or provide proof for my ex wife too?

Thanks

[Jambo]

exact same evidence I used for the EEA4 application. Does this mean just for myself or provide proof for my ex wife too?

Exact same evidence for both of you. Your wife's evidence for the first 4 years (until the divorce) and yours since then until you complete 5 years. Just wait two months until September. Would be simpler - just the PR Confirmation. No evidence of treaty rights is required at all (not even from you).

[instavision94]

Thank you so much Jambo. Much appreciated

[kroketa]

exact same evidence I used for the EEA4 application. Does this mean just for myself or provide proof for my ex wife too?

Exact same evidence for both of you. Your wife's evidence for the first 4 years (until the divorce) and yours since then until you complete 5 years. Just wait two months until September. Would be simpler - just the PR Confirmation. No evidence of treaty rights is required at all (not even from you).

Is there a chance that the BC can be refused when you submit exactly the same evidences that were sent to HO (and PR granted)?

I am in a similar to author's situation — applied to PR in Oct 2012, waited for loooong 14 months for HO to process my application and then were granted PR in Jan 2014... And now wonder if I should wait another year or apply straight away using the evidences that I sent earlier.

Thanks

[austin100]

Pls, what documents did submit for PR. After Retaining Right of Residence ?
Did You Submit your ex - spouse documents when applying for PR. Or it was just only your own document you submitted
Thanks

[instavision94]

Hi Austin,

I submitted all documents for both my ex- wife and myself. Docs for my ex was to cover from date of marriage to date of divorce.

Docs for ex wife:
Proof of her exercising treaty rigths for the period of the marriage (my ex was a full time student, So letter from university, transcripts, students loan letters, comprehensive medical insurance etc)

Docs for me:
My Passport
Letter from employer confirming my employment
p60 for 5 years
wage slips for 2 years
bank statements last 12 months

Other docs:
Divorce papers (decree nisi)
Utility bills
tenancy agreements
joint bank statements
photos
Emails
council tax

What I did was a made a file and organised them well and supplied them all the above documents. I had clearly written on each dividers what that section contained and the dates it covered. eg tenancy agreements 2004- 2012

To be honest I dont think they even looked at anything except for the divorce papers, my employment papers and my ex-wifes docs to confirm her exercising treaty.

The reason I say this is because those were the only papers that were taken out of their respective plastic wallets and left out when my so called "organised" file was returned.

Hope this helps. If you want any further clarification please feel free to ask.

[askmeplz82]

obviously Why they going to look at you work history before divorce

[Guerro]

I am granted ROR and a letter confirming this right and I am applying for PR this week. My question is: shall I submit all paperwork for 5 years (mine and ex) or just ROR sticker in my passport, letter confirming ROR and my own evidence for the time between ROR was issued till now?

Please help save the environment by cutting the amount of paperwork lol

[Jambo]

The requirements for RoR are different than the ones for PR. You will need to submit the full 5 years (as the RoR only proves treaty rights at the time of the divorce, not the whole period you were married).

[Guerro]

oh no, I just read your reply and I have just sent my application I assumed they saw marriage and divorce and residence as I was issued RC then ROR so i cut the story short and sent evidence after ROR. so, what will happen now? reject my application or ask me for evidence of the first 4 years (which they saw twice before for RC and ROR)?

[Jambo]

I don't know what the case worker would do. It is very likely he will reject the application unless he has evidence to cover the full 5 years. When you previously applied did you provide such evidence? Normally for RC you just provide a few payslips and for RoR the same so you don't provide evidence to cover the full period. I suggest you send additional information once you receive CoA (so you have a reference to link it to).

[Guerro]

I don't know what the case worker would do. It is very likely he will reject the application unless he has evidence to cover the full 5 years. When you previously applied did you provide such evidence? Normally for RC you just provide a few payslips and for RoR the same so you don't provide evidence to cover the full period. I suggest you send additional information once you receive CoA (so you have a reference to link it to).

Thanks jambo for your reply, here is my situation in brief:

Married in 2008, got FP in feb 2009 and came to UK feb 2009, RC issued Oct 2009, divorced July 2012, applied for ROR September 2012 (I included all evidence of me working and living between Feb 2009 to Sept 2012 + ex PR letter and cohabitation together), granted ROR October 2012, applied for PR 2 days ago with passport, photos and evidence of me working and living between October 2012 till now.
That's why I didn't bother much about anything before October 2012 cuz they checked it and issued ROR on that basis. I honestly didn't want to include ex in the issue cuz it is over and UKBA acknowledged in ROR that i am staying on my own.
Do you think they will ask for more evidence, reject it or just approve? is it worth sending all docs or wait and see what they say?

[Guerro]

Any ideas please?

[Jambo]

What you did before the divorce (2009-2012) is irrelevant for both RoR and PR applications. It's the EEA national activities that counts.

You state that your wife has a PR document. If that is the case, you should be fine I believe as the HO would have that in the system and that would cover your years before the divorce. Again RoR only acknowledge your right to stay in the UK after the divorce but if you want to use the years before the divorce you are dependant on evidence from your ex.