Naturalisation for EEA national and Family member

[jatt21boy]

Hi,

I am Indian national married to Polish national wife. She came to UK in Jan 2004 before Poland joined EU. We got married in Feb 2007 in UK. When I applied for family permit few months after marriage, We were told that the family permit cannot be issued as my wife is not registered under the new treaty that came in force in 2006. So we registered in Oct 2007. After that I applied for Residence card which is valid for 5 years until March 2015. Last year (2012) my wife completed her 5 years and been working here all this time. So we made application for her permanent residence document (which is not a requirement but we wanted to be sure) and was issued PR document in Feb 2013. Now my questions are:

1. Can she apply for naturalisation 12 months after she completed 5-years which was in Oct 2012 or from when she was issued permanent residence which was in Feb 2013.

2. Does she have to be working or exercising treaty rights for these 12 months or as she has got permanent residence, she can just be in UK without doing anything and still can apply for naturalisation.

3. As I have been with her as husband for the same 5-years from Oct 2007 to Oct 2012, do I qualify for permanent residence as well OR do I have to wait for my 5-year residence card to come to end and then I apply for naturalisation.

Thanks in advance for you reply.

Best Regards,

[Jambo]

1. Can she apply for naturalisation 12 months after she completed 5-years which was in Oct 2012 or from when she was issued permanent residence which was in Feb 2013.

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

2. Does she have to be working or exercising treaty rights for these 12 months or as she has got permanent residence, she can just be in UK without doing anything and still can apply for naturalisation.

Once she has obtained PR, she doesn't need to exercise treaty rights any more.

3. As I have been with her as husband for the same 5-years from Oct 2007 to Oct 2012, do I qualify for permanent residence as well OR do I have to wait for my 5-year residence card to come to end and then I apply for naturalisation.

The dates on the RC are irrelevant. Rights under EEA regulations are obtained automatically. You should obtain PR at the same time.

[jatt21boy]

Hi Jambo,

Thanks for your quick reply.

I am clear about question 2 & 3 now but can you please explain question 1 a bit more.

She completed her 5 years in Oct 2012 and we made application for PR in Oct 2012 and PR was issued on 9th Feb 2013. Now in the link you posted 2nd option in Q5 says that we should apply 1-year after the issue date of PR document (Blue card). Shouldn't this be 1-year after Oct 2012 when she actually completed 5-years.

Best Regards,

[boloney]

Hi Jambo,

Thanks for your quick reply.

I am clear about question 2 & 3 now but can you please explain question 1 a bit more.

She completed her 5 years in Oct 2012 and we made application for PR in Oct 2012 and PR was issued on 9th Feb 2013. Now in the link you posted 2nd option in Q5 says that we should apply 1-year after the issue date of PR document (Blue card). Shouldn't this be 1-year after Oct 2012 when she actually completed 5-years.

Best Regards,

She can apply in oct 2013 providing the same evidence as for eea3

[jatt21boy]

Thank you both for your advice.

Best Regards,

[Jambo]

Hi Jambo,

Thanks for your quick reply.

I am clear about question 2 & 3 now but can you please explain question 1 a bit more.

She completed her 5 years in Oct 2012 and we made application for PR in Oct 2012 and PR was issued on 9th Feb 2013. Now in the link you posted 2nd option in Q5 says that we should apply 1-year after the issue date of PR document (Blue card). Shouldn't this be 1-year after Oct 2012 when she actually completed 5-years.

Best Regards,

If 1 year after the 5 years but less than 1 year from the issue of the PR card, this would be option 1, not option 2.

[Sherdiplomat]

Dear Jambo . Can you help me ? I know you are professional and we all respect you in this forum and thank you that you helping us. I just got PR sticker on my passport . So after 12 month what kind of documents I should send to HO for naturalazation? Unfortunately I divorced with my eu wife and she left country and I have no contact with her. So can I apply for naturalazation without her documents if yes what kind of documents should I sent?