Help with Question About Permanent Resident

[maggimark]

I am a family member of an eea living in the UK with my eea spouse. I will be five years qualified for a permanent resident next year. in the mean time i have now become an European citizen myself through Citizenship by so i am having a dual nationality of an EU and a Non-Eu.
Now my question is, i dont want to lose my eea family member process from a resident card to a permanent resident on my Non-eu Passport as i will like to keep both nationality and i want the non-eu passport to have a status of permanent resident in the UK, what do you think i should do?

1. Do i apply for a permanent resident on my non-eu passport and what likely are the benefits
2. Do my Eu passport qualified for a permanent resident using my past resident right as a non-eu excising treaty right in the uk?
3. will i be able to send in application for permanent resident on both passport at the same time.

These question have been troubling me and i know i can get an answer from here. all answer from you will be a great help for me. Thanks in advance.

[Jambo]

Once you have lived in the UK for 5 years as a family member of EEA national exercising treaty rights, you obtain PR. Your nationality is irrelevant.
I would apply for PR using the EEA passport as process time are much quicker. The PR is issued outside the passport on a paper wallet. There isn't much sense applying with both passports. For EEA nationals, PR doesn't really add a lot of value.

[maggimark]

Thank you for replying @Jambo
So you mean my nationality is irrelevant even though i apply for a residence card as a Non-eu? that is good. one more question please, as i did not apply for a residence card with the eea passport, what do you think will be the required documents to proof with my eea passport that i am now entitled to a permanent residence as a family member of an eea, do i still need to show a copy of my residence card on my non-eu passport, my spouse passport and proof that my spouse has been exercising treaty rights for the past 5yrs? or am i to apply on my own rights?.
Thanks again in advance.

[Jambo]

You will need to apply as a family member of EEA national using form EEA3. You will need to provide evidence that your spouse has exercised treaty rights for 5 years + the spouse passport. Your RC is not required. Just attach your EEA passport. Your activities are irrelevant. The application is based on the spouse activities. Might be worth for the spouse to apply as well (just add photos and fee).

[maggimark]

Thank you very much @Jambo your advice is realy helpful.
My Spouse already got british citizenship some 5yrs back and would not be needing to apply for a permanent residence, i will have to apply alone. I would have loved to apply for british citizenship but i think i will not qualify right now because i did not apply for a british spouser visa with my non-eu passport but as a family member of an eea and that was before the law change on dual british citizen family applying, we all that fall into that categories are still allows to carry on through that process, had it been it is possible to switch to british citizenship direct as i am now an eu citizen i would have go for naturalization rather than permanent resident as we are now together for more than the 3yrs requirement in the UK for british spouse naturalization and i have no criminal records.

@Jambo thanks again for your advice, it has really helped me to figure out what to do.

[Jambo]

There is no requirement to be on the spouse visa to apply as spouse for naturalisation. These are two separate routes.

If your spouse is BC, you can apply for BC directly as a spouse of EEA national (so got PR) and a spouse of BC (she can apply immediately once PR is obtained). The 3 years requirement is for residence (which obviously you fulfil). You don't need to be married 3 years or your spouse doesn't need to be British for 3 years.

[malik261]

Hi Guys

I have been reading this forum for quite sometime ( more precisely since I applied for my EEA 4 on the 16th of June 2014)
By reading many of your experiences I became aware that this application would take a few months..

A bit of background

* I am a Non EEA family member
* My Wife is a EEA National who already has a UK Permanent Residence Permit for the last 6 years
* My 5 years EEA family permit came to an end therefore I applied for my PR -EEA4 on the 16th of June
* I received my HO letter on the 30th June confirming application was received
* Along with the application as needed the necessary documents were sent to show that both me and wife have been exercising Treaty rights for the past 5 years ( bank statements, employer letters, P60s, Tenancy agreements & utility bills )

So I was waiting .. AND some UNEXPECTED visitors knocked on my door yesterday morning at 6:30 am

Yep... you are thinking right.. I had 3 Immigration Enforcement Officers knocking my door in a way like there was an emergency..
Really hard.. really loud.

My Wife open the door and these 3 officers just barged their way in and showed an big photo of me asking her if she knew who this person was!!!

I woke up with the noise and came out to see who it was..
As soon as I was out I was taken to a different room and she was taken to another division of the house.

The questions we were asked were hilarious not to mention non-ending..
Our bedroom was checked thoroughly ( wardrobes, chest drawers, clothes, shoes.. ) they asked to see documents ( any documents for me and my wife).
The bathroom was checked so were our mobiles phones ( texts, calls, photos..)

All this lasted for around 30 to 40 minutes..
We obviously cooperated with the officers and all the situation, but I must say that firstly it was totally unexpected and not only that, they were intimidating / trying to intimidate us.

I did ask them if this was part of the procedure to which one of the officers replied that at least 9 out of 10 EEA applications are checked this way..

I couldn't believe this - as I have been reading many forums and never came across to anything like this.
So they left and I am still waiting for my application...

I have no clue why my application was picked for a " face to face check"

Oh Yeh.. not to forget mentioning.. They came in this not very appealing white Van with big black letters " IMMIGRATION ENFORCEMENT OFFICERS" on their uniforms..

This is just a heads up for you guys out there, don't be shocked if you have BIA knocking your door early in the morning.

I would appreciate any opinions or please share if you have had or heard similar situations.

I would like to know the time line after the visit please help.

Thanks

[chaoclive]

@Malik: you're not alone. This has happened before. Whilst they are rude and pushy, there's nothing you can do!

No specific timeline after the visit.

[maggimark]

There is no requirement to be on the spouse visa to apply as spouse for naturalisation. These are two separate routes.

If your spouse is BC, you can apply for BC directly as a spouse of EEA national (so got PR) and a spouse of BC (she can apply immediately once PR is obtained). The 3 years requirement is for residence (which obviously you fulfil). You don't need to be married 3 years or your spouse doesn't need to be British for 3 years.

Thanks @Jambo
to be sincere i really dont understand the 2 point, i am sorry i got confused, please can you elaborate these point to me, the only thing i could hold here is that in any circumstances, i must apply for permannent resident before i can apply for naturalization?
Thanks

[maggimark]

Hi Guys

I have been reading this forum for quite sometime ( more precisely since I applied for my EEA 4 on the 16th of June 2014)
By reading many of your experiences I became aware that this application would take a few months..

A bit of background

* I am a Non EEA family member
* My Wife is a EEA National who already has a UK Permanent Residence Permit for the last 6 years
* My 5 years EEA family permit came to an end therefore I applied for my PR -EEA4 on the 16th of June
* I received my HO letter on the 30th June confirming application was received
* Along with the application as needed the necessary documents were sent to show that both me and wife have been exercising Treaty rights for the past 5 years ( bank statements, employer letters, P60s, Tenancy agreements & utility bills )

So I was waiting .. AND some UNEXPECTED visitors knocked on my door yesterday morning at 6:30 am

Yep... you are thinking right.. I had 3 Immigration Enforcement Officers knocking my door in a way like there was an emergency..
Really hard.. really loud.

My Wife open the door and these 3 officers just barged their way in and showed an big photo of me asking her if she knew who this person was!!!

I woke up with the noise and came out to see who it was..
As soon as I was out I was taken to a different room and she was taken to another division of the house.

The questions we were asked were hilarious not to mention non-ending..
Our bedroom was checked thoroughly ( wardrobes, chest drawers, clothes, shoes.. ) they asked to see documents ( any documents for me and my wife).
The bathroom was checked so were our mobiles phones ( texts, calls, photos..)

All this lasted for around 30 to 40 minutes..
We obviously cooperated with the officers and all the situation, but I must say that firstly it was totally unexpected and not only that, they were intimidating / trying to intimidate us.

I did ask them if this was part of the procedure to which one of the officers replied that at least 9 out of 10 EEA applications are checked this way..

I couldn't believe this - as I have been reading many forums and never came across to anything like this.
So they left and I am still waiting for my application...

I have no clue why my application was picked for a " face to face check"

Oh Yeh.. not to forget mentioning.. They came in this not very appealing white Van with big black letters " IMMIGRATION ENFORCEMENT OFFICERS" on their uniforms..

This is just a heads up for you guys out there, don't be shocked if you have BIA knocking your door early in the morning.

I would appreciate any opinions or please share if you have had or heard similar situations.

I would like to know the time line after the visit please help.

Thanks

I really dont understand these, please can you open a new topic for it because its going out of my own topic. But for an advice, if an immigration officer even the police disgrace or ransack my house the way you just said and i have done nothing wrong, there is what they call a law in this country, i know they are doing their job and i did not obstruct them, but i will CLAIM off them for destroying my properties and for street humiliation. you better get a solicitor to raise a claim notice for you to the HO Local area Head office.
HO is good at paying out big claim and if everyone follow my advice it will change their attitude. A family memeber of an EEA by law is not a MUST they should live together but in your own case you are living together thats a plus for your claim. after you get the claim put it on the local news paper for the local people that saw their behaviour that day to have a read. i can give you a guess of the least amount you may get as a claim: eg: Starting from £2000