Rejected citizenship application - EEA route

[augusto]

Hi All,

I recently applied for the citizenship and the application got rejected because I had my EEA4 stamp for less than one year, even though I've been in the UK and married with an EEA national for more than 6 years. Before applying I called the Home Office twice and they confirmed that this was OK and that I could apply. So I'm wondering if anyone could point me to documentation regarding the 5 year automatic. The FAQ on the forum say that this is allowed under EEA regulation (Q5), so I'm wondering where can I find the supporting document for that.

02/2008 - Arrived at the UK with a work permit (sponsorship)
10/2008 - Got Married with a EEA national
09/2009 - Got EEA2 visa
10/2013 - (5 years since marriage - automatic PR)
04/2014 - Got EEA4 IRL stamp
11/2014 - Applied to Citizenship based on 5+1 years in the country married to an EEA national. And got rejected saying that I could not apply before 04/2015.

Also, a friend applied to citizenship 2 years ago after having 3 Spouse visas (1.5 years) and an EE2 (4.5 years). After that, he had completed 5+1 years and was granted citizenship, without an ILR in his passport.

I'm thinking to appeal the decision and I'm trying to gather as much information that supports my case as possible. I would appreciate if anyone could point me to Home Office documents that support my situation.

Thanks a lot,
Augusto

[slough_Boy]

Hi All,

I recently applied for the citizenship and the application got rejected because I had my EEA4 stamp for less than one year, even though I've been in the UK and married with an EEA national for more than 6 years. Before applying I called the Home Office twice and they confirmed that this was OK and that I could apply. So I'm wondering if anyone could point me to documentation regarding the 5 year automatic. As far as I know the EEA4 is just to certify the ILR, but is not mandatory.

02/2008 - Arrived at the UK with a work permit (sponsorship)
10/2008 - Got Married with a EEA national
09/2009 - Got EEA2 visa
10/2013 - (5 years since marriage - automatic ILR)
04/2014 - Got EEA4 IRL stamp
11/2014 - Applied to Citizenship based on 5+1 years in the country married to an EEA national. And got rejected saying that I could not apply before 04/2015.

Also, a friend applied to citizenship 2 years ago after having 3 Spouse visas (1.5 years) and an EE2 (4.5 years). After that, he had completed 5+1 years and was granted citizenship, without an ILR in his passport.

I'm thinking to appeal the decision and I'm trying to gather as much information that supports my case as possible. I would appreciate if anyone could point me to Home Office documents that support my situation.

Thanks a lot,
Augusto

Yes, you can apply citizenship after 5+1 years provided that you meet one of the following condition;
No 1. Apply EEA4-PR after 5 years of marriage, wait 12 months from PR issuance date. (no proof of exercising treaty rights require from ur EU spouse, u will apply on ur own merit.)
No 2. Apply after 5+1 years with PR or without PR either way, u need to submit proof of exercising treaty rights of ur EU spouse. (if you apply before 12 months of issuance date, u need to submit same proof u submitted with EEA4)
> advice over phone from HO most of the time is wrong. lot of people from this forum can prove they have been misleaded by HO over phone. The best thing, take advice from HO via email, it can take long time but u can have an evidence to fight,
> u mention about ur friend, 3 spouse visas (1.5) years , could u please shed some light.
> as u r on EU settlement route not UK immigration route so u will automatically have PR not ILR even both have same characteristics.
> in ur case i can assume, u did not submit any proof of exercising treaty rights ( correct me if i'm wrong), to the best of my knowledge, u can't appeal but only reconsideration. I personally do not see any strength in ur case for reconsideration.

[augusto]

Hi Slough Boy and thanks for your answer!

I did supply proof of exercising treaty rights (both for my wife and myself). I sent all the documents that would be required for EEA4, but for 6 years rather than 5.

I also applied through the City Council Register Office to ensure that all the information was sent. The person from the City Council did write in the application that we were applying based on the marriage date, but I wonder if the clerk at the HO didn't bother reading it.

[Julian11]

Is it not the case that to shorten it from 6 to 5 years based on marriage, it has to be marriage to a British citizen - not just an EEA national? Maybe I am wrong though.

When did your rejection come?

Best of luck.

[KMP]

Hi slough_Boy,

Thanks a lot for your quick reply. I'm Augusto's wife. We did supply all documentation, proving both of us exercising treaty rights (no.2 of your reply), indeed lots of it the same as in the EEA4 application.

We applied using the council Naturalisation Register Office, and it was them calling the Home Office three times, and receiving the answer it was OK for us to apply now. We are contacting the Register Office to see if there is anything they can do for us.

Knowing the above, would you still consider our case as having no strength for reconsideration? I have the strong opinion we did everything correctly, but I might be wrong...

Can you or anyone else point us to precedents or documentation from the Home Office stating that applications based on 6 years in the UK, including 5 years of exercising treaty rights and free of immigration time restrictions during the last 12 months (automatic PR) is indeed correct and should be approved?

Many thanks, very much appreciated.

[KMP]

Julian11

Rejection came super fast. We applied at Register Office on Dec 5 and rejection arrived in post Dec 30. We were abroad and only recently found the envelop.
Being married to a British citizen is three years instead of five. I'm from the EU, not British, so it's 5 years of marriage.

Cheers!

[Jambo]

From the sounds of it, the case worker made a mistake. I would apply for reconsideration (there is a fee attached but I would ask for that to be refunded as well).

[milan69]

NCS Wandsworth:
http://www.wandsworth.gov.uk/info/20041 ... vice_ncs/6

[jaweb]

I am sorry but as far as I know the applicant needs to have 12 months from pr not from marriage date! So I think HO is right

[milan69]

Not necessarily true.

[slough_Boy]

Hi Slough Boy and thanks for your answer!

I did supply proof of exercising treaty rights (both for my wife and myself). I sent all the documents that would be required for EEA4, but for 6 years rather than 5.

I also applied through the City Council Register Office to ensure that all the information was sent. The person from the City Council did write in the application that we were applying based on the marriage date, but I wonder if the clerk at the HO didn't bother reading it.

Apologies for wrong assessment, so u did submit all proof as same as with EEA4.
> you can apply reconsideration with covering letter explaining on what basis u applied.
> Contact council from where u sent ur case, council confirmed ur case OK that is why u applied.
tell them all situation , They have direct contact with HO, they may help you if they are KIND ENOUGH. ( do not expect much help from council, just try)

[slough_Boy]

Hi slough_Boy,

Thanks a lot for your quick reply. I'm Augusto's wife. We did supply all documentation, proving both of us exercising treaty rights (no.2 of your reply), indeed lots of it the same as in the EEA4 application.

We applied using the council Naturalisation Register Office, and it was them calling the Home Office three times, and receiving the answer it was OK for us to apply now. We are contacting the Register Office to see if there is anything they can do for us.

Knowing the above, would you still consider our case as having no strength for reconsideration? I have the strong opinion we did everything correctly, but I might be wrong...

Can you or anyone else point us to precedents or documentation from the Home Office stating that applications based on 6 years in the UK, including 5 years of exercising treaty rights and free of immigration time restrictions during the last 12 months (automatic PR) is indeed correct and should be approved?

Many thanks, very much appreciated.

U do have strength in ur case, go ahead

[slough_Boy]

Is it not the case that to shorten it from 6 to 5 years based on marriage, it has to be marriage to a British citizen - not just an EEA national? Maybe I am wrong though.

When did your rejection come?

Best of luck.

Hi,
getting married to BC and
getting married to EU/EEA is different. ( immigration wise)
> EU spouse can get auto PR after 5 years of marriage , do not need to apply PR, it is not essential under EU law. if apply it cost only £55
> British spouse has to apply and get status of ILR, it is not automatically. it cost more than 1000£. ( don't know exact fee)

[slough_Boy]

I am sorry but as far as I know the applicant needs to have 12 months from pr not from marriage date! So I think HO is right

jawab, u r right in that sense if do not want to send proof of exercising treaty rights.

when submit proof of exercising treaty rights and clearly mention applying on basis of 5 years of marriage, then no need to wait for 12 months from the date of issuance. so HO is WRONG.

Under EU directive 2004/38/EC, European community Law and EU regulation 2006, non eea family member of an EEA national can get PR automatically after 5 years of marriage, ( just need to provide evidence at every stage if do not hold PR sticker )

[jaweb]

I am an eea member with a non eea husband. My husband did apply for eea4 before applying for bc. we did pay £55 for eea4.

We have done all the visas till bc and I have never ever heard or read that my husband would be entitled for bc because of our marriage however he can get PR but 12 months after PR HE CAN APPLY FOR BC! In this case there was no 12 months after pr that's why the rejection happened.
We got married in 2008 by the way and have been reading this forum since 2007!

[kkuk]

Hi Jaweb,

PR is not a visa but merely confirmation of your rights as permanent residence which by law is obtained automatically after exercising treaty rights for 5 years.
PR sticker is just the confirmation of those rights.

For british citizenship no EEA4 is mandatory.

[jaweb]

I know what pr or eea4 mean and what they are for
I just mentioned it to show we went through those paths

However to go back to the topic I do think the HO was right in this case

[slough_Boy]

I know what pr or eea4 mean and what they are for
I just mentioned it to show we went through those paths

However to go back to the topic I do think the HO was right in this case

You think, HO was right because u do not know this track,
Please read page 17 AN form, section 4.
there is no much detail on this form, read EU Directive 2004/38/ec and eu regulation 2006 .
u will find ans of this question .

[slough_Boy]

I am an eea member with a non eea husband. My husband did apply for eea4 before applying for bc. we did pay £55 for eea4.

We have done all the visas till bc and I have never ever heard or read that my husband would be entitled for bc because of our marriage however he can get PR but 12 months after PR HE CAN APPLY FOR BC! In this case there was no 12 months after pr that's why the rejection happened.
We got married in 2008 by the way and have been reading this forum since 2007!

>yes he can apply directly BC after 5+1 years of marriage provided that u can prove EU spouse exercised treaty right for counties period of 5 years.
> Contact NCS , u will know that u never knew
> EEA4 PR is not mandatory for BC application , see AN form page 17, section 4.

[jaweb]

[quote="slough_Boy"][quote="jaweb"]I am an eea member with a non eea husband. My husband did apply for eea4 before applying for bc. we did pay £55 for eea4.

We have done all the visas till bc and I have never ever heard or read that my husband would be entitled for bc because of our marriage however he can get PR but 12 months after PR HE CAN APPLY FOR BC! In this case there was no 12 months after pr that's why the rejection happened.
We got married in 2008 by the way and have been reading this forum since 2007![/quote]

>yes he can apply directly BC after 5+1 years of marriage provided that u can prove EU spouse exercised treaty right for counties period of 5 years.
> Contact NCS , u will know that u never knew
> EEA4 PR is not mandatory for BC application , see AN form page 17, section 4.[/quote]


How could he apply if he wouldnt have applied for eea4? As his eea2 visa was only for 5 years.
Whatever...
I do not need to go to ask or do anything as I have done my way to be a bc. If you have 5 years already why cannot wait another 12 months to be on the safe side and HO cannot refuse your application.
we can argue here about this but the fact is the applicant was refused by HO. End of

[slough_Boy]

I am an eea member with a non eea husband. My husband did apply for eea4 before applying for bc. we did pay £55 for eea4.

We have done all the visas till bc and I have never ever heard or read that my husband would be entitled for bc because of our marriage however he can get PR but 12 months after PR HE CAN APPLY FOR BC! In this case there was no 12 months after pr that's why the rejection happened.
We got married in 2008 by the way and have been reading this forum since 2007!

>yes he can apply directly BC after 5+1 years of marriage provided that u can prove EU spouse exercised treaty right for counties period of 5 years.
> Contact NCS , u will know that u never knew
> EEA4 PR is not mandatory for BC application , see AN form page 17, section 4.

How could he apply if he wouldnt have applied for eea4? As his eea2 visa was only for 5 years.
if u carefully read my posts u can see i wrote 5+1 , not 5 yrs, if u see AN form page 17 section 4, HO mention 5 yrs, it means HO requires proof of 5 yrs to determine AUTO PR.
but if u see page no 9 sec 2.4, HO asked for evidences 6 yrs
AND YES, HE CAN APPLY AFTER 5 YRS + NEXT DAY AFTER GETTING PR , IF HIS EU SPOUSE NATURALIZED BEFORE HIS PR, IN THIS CASE NEITHER NEED TO WAIT FOR 12 MONTHS NOR REQUIRE PROOF OF EXERCISING TREATY RIGHTS.
Whatever...
I do not need to go to ask or do anything as I have done my way to be a bc.
I just suggested to contact NCS because u are not agree to me so third party nominated by HO can give better ans.
If you have 5 years already why cannot wait another 12 months to be on the safe side and HO cannot refuse your application.
Yes, Im 100% agree to u, where we have waited long period of 5 years, no harm to wait further 12 months in order to save money and reduce application process time.
we can argue here about this but the fact is the applicant was refused by HO. End of
I can assume u r living in UK since long, atleast more than 5 years, U have seen or heard thousands of cases refused by HO but applicants won in appeals, what does it means that the case worker was not competent enough to decide the application under immigration rules. (case worker are human and human make mistakes, no one is perfect ) SO any application refused by HO , not necessarily a right decision.