BRITISH CITIZENSHIP APPLICATION AFTER 6 YEAR DIVORCE

[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

[EUsmileWEallsmile]

I am moving this to the British citizenship forum where you may get a better response.

[kkworla]

I am moving this to the British citizenship forum where you may get a better response.

Thank you for that.

[Amber]

Providing you provide proof that you have had PR (been settled) for 12 months as well as meeting the other standard requirements you can apply now. The PR card just makes it easier to prove that you are settled. If you are the spouse or civil partner of a British Citizen then you do not have to wait 12 months. If you use the Nationality Checking Service (click) they should make sure your application is complete and your documents are correct. See page 15 (click) for examples of the evidence.

[EUsmileWEallsmile]

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

The timing of your PR receipt and qualifying time required for BC may be unrelated.

Read through this thread to understand the requirements

http://www.immigrationboards.com/viewtopic.php?t=95747

[kkworla]

[quote="D4109125"]Providing you provide proof that you have had PR (been settled) for 12 months as well as meeting the other standard requirements you can apply now. The PR card just makes it easier to prove that you are settled. If you are the spouse or civil partner of a British Citizen then you do not have to wait 12 months. If you use the Nationality Checking Service (click) they should make sure your application is complete and your documents are correct.[/quo

So can I say that because I am divorced from my ex-wife I do not qualify to apply for naturalization unless I wait for 12 months. But what if my marriage lasted for 6 year before divorce?

[Amber]

Providing you provide proof that you have had PR (been settled) for 12 months as well as meeting the other standard requirements you can apply now. The PR card just makes it easier to prove that you are settled. If you are the spouse or civil partner of a British Citizen then you do not have to wait 12 months. If you use the Nationality Checking Service (click) they should make sure your application is complete and your documents are correct.[/quo

So can I say that because I am divorced from my ex-wife I do not qualify to apply for naturalization unless I wait for 12 months. But what if my marriage lasted for 6 year before divorce?

If you are not the spouse or civil partner of a British Citizen then you must have been settled for 12 months. However, if you have been exercising treaty rights continuously since 2006 you will have already been settled for 12 or more months and thus can apply now. You just need to provide proof, I gather that it was a retention of rights case following your divorce. You should also include your PR card as that will further support your case. Use the NCS as above.

[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

The timing of your PR receipt and qualifying time required for BC may be unrelated.

Read through this thread to understand the requirements

http://www.immigrationboards.com/viewtopic.php?t=95747[/quo

Please can you explain this to me.. Its a bit confusing

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.

If I have to use option one then it means I need my PR TO BE ONE YEAR before applying don't I ?

[Amber]

Providing you provide proof that you have had PR (been settled) for 12 months as well as meeting the other standard requirements you can apply now. The PR card just makes it easier to prove that you are settled. If you are the spouse or civil partner of a British Citizen then you do not have to wait 12 months. If you use the Nationality Checking Service (click) they should make sure your application is complete and your documents are correct.[/quo

So can I say that because I am divorced from my ex-wife I do not qualify to apply for naturalization unless I wait for 12 months. But what if my marriage lasted for 6 year before divorce?

If you are not the spouse or civil partner of a British Citizen then you must have been settled for 12 months. However, if you have been exercising treaty rights continuously since 2006 you will have already been settled for 12 or more months and thus can apply now. You just need to provide proof, I gather that it was a retention of rights case following your divorce. You should also include your PR card as that will further support your case. Use the NCS as above.

[kkworla]

Providing you provide proof that you have had PR (been settled) for 12 months as well as meeting the other standard requirements you can apply now. The PR card just makes it easier to prove that you are settled. If you are the spouse or civil partner of a British Citizen then you do not have to wait 12 months. If you use the Nationality Checking Service (click) they should make sure your application is complete and your documents are correct.[/quo

So can I say that because I am divorced from my ex-wife I do not qualify to apply for naturalization unless I wait for 12 months. But what if my marriage lasted for 6 year before divorce?

If you are not the spouse or civil partner of a British Citizen then you must have been settled for 12 months. However, if you have been exercising treaty rights continuously since 2006 you will have already been settled for 12 or more months and thus can apply now. You just need to provide proof, I gather that it was a retention of rights case following your divorce. You should also include your PR card as that will further support your case. Use the NCS as above.

PLS So do I need to prove that I have been working (treaty rights ) for all this years or do I need to get documents from my ex-spouse again for all this years.

[EUsmileWEallsmile]

It would be very easy and straight-forward if you'd held a PR certificate for one full year. You could simply present it.

You will need to show that you qualified for PR at least one year prior to the date of citizenship application.

You state that you received the PR certificate some months back. When exactly did you apply? What were the circumstances?

[kkworla]

It would be very easy and straight-forward if you'd held a PR certificate for one full year. You could simply present it.

You will need to show that you qualified for PR at least one year prior to the date of citizenship application.

You state that you received the PR certificate some months back. When exactly did you apply? What were the circumstances?

I had my PR in march this year. I applied in 14 September 2011 because I had divorced from my wife (IN JUNE 2012) and I submitted FIVE YEAR treaty rights for my wife (April 2007 to April 2012 = 5 years) because that was the requirement for the EEA4. If I follow the rule does that not mean that I did qualify for permanent residency as at April 2012 before I even applied for it in September ? if that is the case then +1 year of the date OF qualification = April 2013 will be six years. So do I not qualify for naturalization NOW...

[Amber]

It would be very easy and straight-forward if you'd held a PR certificate for one full year. You could simply present it.

You will need to show that you qualified for PR at least one year prior to the date of citizenship application.

You state that you received the PR certificate some months back. When exactly did you apply? What were the circumstances?

I had my PR in march this year. I applied in 14 September 2011 because I had divorced from my wife (IN JUNE 2012) and I submitted FIVE YEAR treaty rights for my wife (April 2007 to April 2012 = 5 years) because that was the requirement for the EEA4. If I follow the rule does that not mean that I did qualify for permanent residency as at April 2012 before I even applied for it in September ? if that is the case then +1 year of the date OF qualification = April 2013 will be six years. So do I not qualify for naturalization NOW...

Yes and yes you appear to qualify for naturalisation now. Use the NCS and take the documents you submitted for your PR card.

[kkworla]

It would be very easy and straight-forward if you'd held a PR certificate for one full year. You could simply present it.

You will need to show that you qualified for PR at least one year prior to the date of citizenship application.

You state that you received the PR certificate some months back. When exactly did you apply? What were the circumstances?

I had my PR in march this year. I applied in 14 September 2011 because I had divorced from my wife (IN JUNE 2012) and I submitted FIVE YEAR treaty rights for my wife (April 2007 to April 2012 = 5 years) because that was the requirement for the EEA4. If I follow the rule does that not mean that I did qualify for permanent residency as at April 2012 before I even applied for it in September ? if that is the case then +1 year of the date OF qualification = April 2013 will be six years. So do I not qualify for naturalization NOW...

Yes and yes you appear to qualify for naturalisation now. Use the NCS and take the documents you submitted for your PR card.

Thank you very much for your advice. I will go and face them squarely.

[EUsmileWEallsmile]

It would be very easy and straight-forward if you'd held a PR certificate for one full year. You could simply present it.

You will need to show that you qualified for PR at least one year prior to the date of citizenship application.

You state that you received the PR certificate some months back. When exactly did you apply? What were the circumstances?

I had my PR in march this year. I applied in 14 September 2011 because I had divorced from my wife (IN JUNE 2012) and I submitted FIVE YEAR treaty rights for my wife (April 2007 to April 2012 = 5 years) because that was the requirement for the EEA4. If I follow the rule does that not mean that I did qualify for permanent residency as at April 2012 before I even applied for it in September ? if that is the case then +1 year of the date OF qualification = April 2013 will be six years. So do I not qualify for naturalization NOW...

Others have beaten me to it...

If you still have the evidence you used for your PR application, it will also suffice for naturalisation. The evidence you have effectively means that you can demonstrate you achieved PR in April 2012 (and obviously the extra year ended in April 2013).