EEA Family Permit to Naturalisation. Am I eligible?

[thanksinadvance]

I(Non-EEA national) would appreciate if you can clarify if I am eligible to apply for Naturalisation.

Th history of my entitlement of stay based on my unmarried partnership with an EEA national is briefed as follows.


Jan 2003-2004: EEA Family Permit
2004-2006: Family member of an EEA national
2006-2008: Residence Permit, Limited leave to remain
(The letter from the Home Office says it was granted
based on my unmarried partnership with an EEA national)
2009-2014:Family member of an EEA national (Most current one I hold)

I understand that I need 5 years of living in the UK and 1 more year under ILR to be eligible for Naturalisation.
I wonder if that 'Five years' period can be counted from 2003 in my case....?
My confusion comes from the residence card I currently hold.
Although I got it from the EEA4 application it doesn't look like it is permanent residence card.
Because it's validity is 5 years, not 10 years which usually is with permanent residence card.
Can I still apply for Naturalisation based on the length of the cohabitation with my EEA national partner, which more than 8 years anyway?

Thanking you in advance,

[EUsmileWEallsmile]

What exactly does the residence card say?

One may become eligible for naturalisation one year after PR is achieved. In general, if you as the non-EU national lived with your EU national family member for five continuous years and the EU national exercised treaty rights throughout this period, you will have PR.

Whether you held cards and permits or not is not normally relevant, what is important is that you have lived in the UK as described above. (In your case having the cards might be more important as not being married you have a less concrete link to your family member).

Have you or your EU national family member had any significant absences from the UK?

Periods spent prior to 2006 can count towards PR, but in your case as the regulations are over six years old, this should not be particularly relevant.

[Jambo]

Do you know why you got a RC when you applied using EEA4? Did the HO explain that? Did your partner apply for PR Confirmation at the same time (using EEA3 form)? Did they succeed?

What has your partner been doing since 2003 in the UK? Working, studying?

[thanksinadvance]

What exactly does the residence card say?

One may become eligible for naturalisation one year after PR is achieved. In general, if you as the non-EU national lived with your EU national family member for five continuous years and the EU national exercised treaty rights throughout this period, you will have PR.

Whether you held cards and permits or not is not normally relevant, what is important is that you have lived in the UK as described above. (In your case having the cards might be more important as not being married you have a less concrete link to your family member).

Have you or your EU national family member had any significant absences from the UK?

Periods spent prior to 2006 can count towards PR, but in your case as the regulations are over six years old, this should not be particularly relevant.

Thank you, EUsmileWEallsmile!
That's good news.

In answer to your questions I can say;

* Residence Card says only:
Valid until Oct 2014,
Place and Date of Issue: Liverpool, Oct 2009
Type of Document: Residence Card of a Family Member of an EEA national
Remarks: Employment and Business Activities Allowed

*Neither of my partner and myself have any significant absence from UK.

Much regards,

[thanksinadvance]

Do you know why you got a RC when you applied using EEA4? Did the HO explain that? Did your partner apply for PR Confirmation at the same time (using EEA3 form)? Did they succeed?

What has your partner been doing since 2003 in the UK? Working, studying?

Thanks, Jambo!

I don't even know if what I got is RC or ILR.
If it is RC I am not sure why I got it instead of ILR from EEA4 application.
It was HO member of staff who advised me to apply for EEA4. But from the look of the residence documentation in my passport I cannot tell whether it is RC or ILR. I can only guess that it could be RC as it is valid for 5 years. There isn't any letter from HO that explain that either. ???

My partner didn't apply for PR Confirmation at the time.
My partner has been working since 2003

Best,

[Jambo]

The correct term to use with EEA regulations is PR (Permanent Residence). ILR is obtained under the UK national rules. The two are similar but have some slight differences.

What you got is a Residence Card. A PR sticker would say "Permanent Residence" and would not mention that you are a family member of EEA national.

Seems that the HO made a mistake in 2009. Assuming your partner has been working at least from 04/2006-04/2011 (5 years upto 1 year ago), then you should obtained PR the latest in April last year and can apply directly for BC now (1 year after obtaining PR status). You can of course use older periods but it is simpler to use recent documents than digging for proof from 2003.

If your case is straight forward (i.e. continuous work by your partner for 5 years), you should not have no problem applying directly for BC. There is a specific section in the application form (2.4-2.6) to cover this case. You will need to provide evidence that your partner has exercised treaty rights for 5 years (ending at least 1 year before applying for BC). Similar evidence to what form EEA4 asks for.

Alternatively, you can apply for PR confirmation using form EEA4. The application is free and can be useful to flush out any issues with the evidence you got. You can apply with the same evidence you plan to use for BC.
If PR confirmation is granted, you can use the same evidence and apply directly for BC or wait for 12 months and then apply without the EEA evidence (as you would have PR for 12 months).

[Jambo]

See links here for examples of RC and PR Confirmation:

Residence Card

PR Confirmation.

[thanksinadvance]

See links here for examples of RC and PR Confirmation:

Residence Card

PR Confirmation.

Wow, Jambo.
Thanks very much for the detailed answer and the link.
I feel much better getting it clear on my status.
Thanks for your advice, again.

Best regards,

[EUsmileWEallsmile]

What exactly does the residence card say?

One may become eligible for naturalisation one year after PR is achieved. In general, if you as the non-EU national lived with your EU national family member for five continuous years and the EU national exercised treaty rights throughout this period, you will have PR.

Whether you held cards and permits or not is not normally relevant, what is important is that you have lived in the UK as described above. (In your case having the cards might be more important as not being married you have a less concrete link to your family member).

Have you or your EU national family member had any significant absences from the UK?

Periods spent prior to 2006 can count towards PR, but in your case as the regulations are over six years old, this should not be particularly relevant.

Thank you, EUsmileWEallsmile!
That's good news.

In answer to your questions I can say;

* Residence Card says only:
Valid until Oct 2014,
Place and Date of Issue: Liverpool, Oct 2009
Type of Document: Residence Card of a Family Member of an EEA national
Remarks: Employment and Business Activities Allowed

*Neither of my partner and myself have any significant absence from UK.

Much regards,

I don't understand why you were not given PR card in Oct 2009, especially when you say you applied using EEA4.

[thanksinadvance]

Well, human error occurs and I wasn't very lucky with it I suppose. But I'm fine as long as I can still apply for BC now.

[EUsmileWEallsmile]

Well, human error occurs and I wasn't very lucky with it I suppose. :( But I'm fine as long as I can still apply for BC now.

You can apply of course, but if I were you I might have a niggling feeling that there was something that prevented PR. I am not saying that there is anything wrong, but you might consider trying to find out why you weren't given the PR card when you applied. Was there a letter with the application and do you still have it?

[thanksinadvance]

EUsmileWEallsmile

Thanks for the advice.
I might as well be careful before I do anything.
But the letter from HO didn't explain any reason but just acknowleging statement that I was given RC.
I suppose this is natural if they considered RC was the right one for me without even having PR as an option in their mind. ???
Do they usually send out a letter explaining why when it comes to a case like this?

Best,

[Jambo]

It could have been a decision taken by the CW i.e. he didn't think you qualify for a PR so he issued a RC instead. In similar cases, the CW did explain that in a letter.

It could be a mistake by the despatch team .i.e the CW approved the PR but the despatch team made a mistake and printed the wrong sticker and accompanying letter.

If you still have your letter with your case reference number, you can try and call the HO for advice. They might be able to check the system and detect if an error has been made. The HO call centre are not famous for being customer friendly so be patient with them but insist on getting a response.

[EUsmileWEallsmile]

EUsmileWEallsmile

Thanks for the advice.
I might as well be careful before I do anything.
But the letter from HO didn't explain any reason but just acknowleging statement that I was given RC.
I suppose this is natural if they considered RC was the right one for me without even having PR as an option in their mind. ???
Do they usually send out a letter explaining why when it comes to a case like this?

Best,

Letters generally are stock responses ie they are pre-written for the average case. I would follow Jambo's advice and ask the UKBA for an explanation.

[sarwar74]

The correct term to use with EEA regulations is PR (Permanent Residence). ILR is obtained under the UK national rules. The two are similar but have some slight differences.

What you got is a Residence Card. A PR sticker would say "Permanent Residence" and would not mention that you are a family member of EEA national.

Seems that the HO made a mistake in 2009. Assuming your partner has been working at least from 04/2006-04/2011 (5 years upto 1 year ago), then you should obtained PR the latest in April last year and can apply directly for BC now (1 year after obtaining PR status). You can of course use older periods but it is simpler to use recent documents than digging for proof from 2003.

If your case is straight forward (i.e. continuous work by your partner for 5 years), you should not have no problem applying directly for BC. There is a specific section in the application form (2.4-2.6) to cover this case. You will need to provide evidence that your partner has exercised treaty rights for 5 years (ending at least 1 year before applying for BC). Similar evidence to what form EEA4 asks for.

Alternatively, you can apply for PR confirmation using form EEA4. The application is free and can be useful to flush out any issues with the evidence you got. You can apply with the same evidence you plan to use for BC.
If PR confirmation is granted, you can use the same evidence and apply directly for BC or wait for 12 months and then apply without the EEA evidence (as you would have PR for 12 months).

HELLO JUMBO PLEASE CAN YOU EXPLAIN MORE ABOUT THIS I SUBMITT HERE

You can apply with the same evidence you plan to use for BC.
If PR confirmation is granted, you can use the same evidence and apply directly for BC or wait for 12 months and then apply without the EEA evidence (as you would have PR for 12 months).[/quote]

[Jambo]

One of the requirements for naturalisation (if not married to a BC) is to have held ILR / PR for at least 12 months before applying. EEA nationals (and their family member) obtain PR status automatically after exercising treaty rights for 5 years. There is no requirement to apply for PR confirmation (EEA3/EEA4). If you do have a PR sticker, the date on it is normally later than when you actually obtained PR (because you apply later or because it took the HO a few months to process the application).

In order to provide evidence for the 12 months from ILR requirement, you can show a PR sticker. In that case the date on the sticker should at least 12 months before applying.

Or you can prove that you have obtained PR at least 12 months before applying for BC. In order to do that, you will need to provide similar evidence to EEA4 application showing when you have obtained PR.

[sarwar74]

One of the requirements for naturalisation (if not married to a BC) is to have held ILR / PR for at least 12 months before applying. EEA nationals (and their family member) obtain PR status automatically after exercising treaty rights for 5 years. There is no requirement to apply for PR confirmation (EEA3/EEA4). If you do have a PR sticker, the date on it is normally later than when you actually obtained PR (because you apply later or because it took the HO a few months to process the application).

In order to provide evidence for the 12 months from ILR requirement, you can show a PR sticker. In that case the date on the sticker should at least 12 months before applying.

Or you can prove that you have obtained PR at least 12 months before applying for BC. In order to do that, you will need to provide similar evidence to EEA4 application showing when you have obtained PR.

OK THANKS JAMBO YOU MEAN WHEN I GET PR i have to wait 12 months from that date pr issued and then apply to BC or 5+1 ?

[Jambo]

OK THANKS JAMBO YOU MEAN WHEN I GET PR i have to wait 12 months from that date pr issued and then apply to BC or 5+1 ?

Both options are possible.

If you wait 12 months from PR date, you don't need to send evidence of the EEA national exercising treaty rights. The PR sticker is the evidence.

If you apply 5+1, you need to provide similar evidence to the EEA4 application (i.e. EEA exercising treaty rights, EEA passport etc) to show the PR was acquired 12 months before applying for BC.

If you case is not straightforward, better to wait 12 months from PR and not risk the £850 application fee (in case, they don't agree you have obtained PR based on the evidence).

[presido007]

OK THANKS JAMBO YOU MEAN WHEN I GET PR i have to wait 12 months from that date pr issued and then apply to BC or 5+1 ?

Both options are possible.

If you wait 12 months from PR date, you don't need to send evidence of the EEA national exercising treaty rights. The PR sticker is the evidence.

If you apply 5+1, you need to provide similar evidence to the EEA4 application (i.e. EEA exercising treaty rights, EEA passport etc) to show the PR was acquired 12 months before applying for BC.

If you case is not straightforward, better to wait 12 months from PR and not risk the £850 application fee (in case, they don't agree you have obtained PR based on the evidence).

Thanks Jambo for clerifying this issue, I was confused myself, I thought after 12 months of obtaining PR and you want to apply for BC, you will still need to provide documents of 5 years EEA treaty right residence just like when you applied for PR. because, it is not clear on HO website. so after 12 months of PR all I need to do is use my pr as evidence of 5 years residence without sending any of these confusing and complicated documents to proof my 5 years residence.

[Jambo]

Yes assuming that "obtain PR" you mean obtain the PR confirmation vignette in the passport (the status itself is obtained automatically).

With the PR sticker there is no need to provide any EEA related evidence if applying 12 months after the sticker date.

[presido007]

Yes assuming that "obtain PR" you mean obtain the PR confirmation vignette in the passport (the status itself is obtained automatically).

With the PR sticker there is no need to provide any EEA related evidence if applying 12 months after the sticker date.

Yes, I mean having the PR sticker on your passport.

[seputus]

Yes assuming that "obtain PR" you mean obtain the PR confirmation vignette in the passport (the status itself is obtained automatically).

With the PR sticker there is no need to provide any EEA related evidence if applying 12 months after the sticker date.

Jambo, I've been reading through "EEA4 / Naturalisation" posts - and I see you answer most of them. My question to you is, how can I prove to NCS that I don't need to supply treaty rights, since I am applying for naturalisation more than 1 year from the date of issue of my PR / EEA4 sticker?

The reason I ask, is because the guide for AN quite clearly only references "indefinite leave to remain". I don't technically have that. I have permanent residence. So is there some piece of info somewhere in a UKBA handbook or something that explains that the submission of an EEA4/PR sticker (dated more than 1 year ago) means I don't need to supply treaty rights again? .......... Thanks in advance.

[Jambo]

Don't worry. It's fine. Many forum members have applied with just the sticker without providing treaty rights evidence.

You don't need to prove anything to NCS. If they are not familiar with the rules, ask them in the appointment to call the HO to verify. If asked when booking the appointment whether you have ILR, just say yes (or "Yes, I have a PR under the EEA regulations").

[bobobo]

As usual Jambo is spot on. I just had my interview, I had the PR sticker on an A4 paper. I applied Iyear and 1 day from the date of issue on sticker, went smoothly with NCS. They didnt ask me anything else. I had left the Section with EEA details blank as I have been divorced for a while now. HO should also not ahve any problems as long as you apply 1 year after the date of issue of PR

Don't worry. It's fine. Many forum members have applied with just the sticker without providing treaty rights evidence.

You don't need to prove anything to NCS. If they are not familiar with the rules, ask them in the appointment to call the HO to verify. If asked when booking the appointment whether you have ILR, just say yes (or "Yes, I have a PR under the EEA regulations").

[sarwar74]

As usual Jambo is spot on. I just had my interview, I had the PR sticker on an A4 paper. I applied Iyear and 1 day from the date of issue on sticker, went smoothly with NCS. They didnt ask me anything else. I had left the Section with EEA details blank as I have been divorced for a while now. HO should also not ahve any problems as long as you apply 1 year after the date of issue of PR

Don't worry. It's fine. Many forum members have applied with just the sticker without providing treaty rights evidence.

You don't need to prove anything to NCS. If they are not familiar with the rules, ask them in the appointment to call the HO to verify. If asked when booking the appointment whether you have ILR, just say yes (or "Yes, I have a PR under the EEA regulations").

ok some thing just come to my mind i been here since 15.07.1999 and i did married to eea national on 06.06.2007 and she is been here since 05.04.2004 and she is always working and i apply for PR on 11.06.2012 still waiting. my question is when my passport come back with PR can i apply for BC stright or not.thanks