Is there any way to skip PR straight to naturalization?

[giolondon]

Hello everyone.I find this forum really helpful.You guys seem to know much more than all immigrattion lawyers put together.Well this is my case.I hope somebody share some thoughts about it.Because it's getting on the top of me.I first came into england in 1998 as visitor and from there apply for student and kept renewing on following years.1999 had student visa,as 2000,and 2001,2002 and 2003.In 2003 made a trip came back on clean slate,my previous passport had run out.When entering britain again got visitor's visa and subsequentely apply for student's visa and got granted 2003/2004.In 2004 got married to a eea national apply again as spouse of eea national,after expecting 9 months my visa was refused.They claimed my wife was not exercing treaty rights at the time.Lodged an appeal,but we decided was to distressing and withdrew.And we reapplied again got granted finally 1 year as student for her in 2006.Applied again in 2006 and after waiting more 10 months i got 5 years spouse's visa 2007 which expires in 2012.My question is I'm so fed up with bloody home office (long wait) incompetence,that i want to know if is possible or anybody has done naturalization without PR sticker in passport.If somebody did please share it.I think i'm eligible to naturalization in early 2012.1 year EEA spouse visa+5years spouse visa.

[BLK235]

Yes, you can apply straight for naturalisation.

For this you need to supply evidence of your wife excercising her treaty rights for six years (5 years for PR + 1 year free of immigration controls).

You also need to submit her passport/ID, marriage certificate and proof of cohabitation for 6 years.

The above requirements are in addition to standard ones, i.e. KOL test, abcences, your passport, etc..

If you go this route there is a risk you can loose your application fee if there is something they are not happy about. So, in this respect it might be safer to wait for PR confirmation + 1 year if you don't want to loose your fees.

[Directive/2004/38/EC]

If you are a family member of an EEA citizen, you get PR automatically when you have been in the country as a family member for 5 years.

Applying is only to do with getting a confirmation of that PR stamped into your passport. If the confirmation is in the passport, they you had PR already when you sent the application.

[giolondon]

hello everyone.And thank for the reply really appreciated...But I'm still confused because I've seen on this forum many cases have been rejected.Apparently they don't grant permanent residence visas.My wife was out of job for nearly 2 years ,she was living off her savings,so by the looks of things it's impossible to get PR.How can i prove exercing treaty rights for continuosly 5 years.I am the breadwinner.So granting a PR by the home office it's a mammoth task.Even I know we automatically get it after 5 years permanent residence by european law,but try to explain this to ho they will give you a hard time.And we don't want to go through AIT JR just to get what it is rightfully ours.That's why I'm willing to skip PR straight to naturalization.Too much hassle PR by the look of things.And long wait too.Has anyone try this?My spouse visa expires in 2012 but I'm eligible to naturalization early 2012(1 Year EEA+5year).I'm thinking stating the date of 5 years for PR early 2011 and applying after one year.Did anybody went through this route and was sucessful?thanks a lot

[Directive/2004/38/EC]

giolondon

No reason not to apply for PR. And at the same time apply for naturalization.

Note that PR comes 5 years from the time you and your spouse settled in the UK or married in the UK. It is not from when you got your Residence Card.

[datuchi]

But, don't forger that if they refused to grant you a RC on the basis of your wife NOT exercising Treaty Rights in any of the categories (Worker, Self-Employed, Self-Sufficient, Student) then 5 years will only start from the time she started to exercise the Rights. Plus, you state your wife stopped working for 2 years!!!! That's bad, really, as you would have had to take out comprehensive sickness insurance in order to continue exercising treaty rights.

As there is a BREAK in your case, the whole thing will have to start all over again. Unfortunately, many people get caught out this way. All that is required at the time was a medical insurance, which many people don't have a clue about. So, you won't be able to prove that you should have acquired PR and hence a year after that you won't be able to apply for Naturalisation.

The ONLY way out is to go to an Appeal and argue that it's disproportionate to punish someone for not having a medical insurance

giolondon

No reason not to apply for PR. And at the same time apply for naturalization.

Note that PR comes 5 years from the time you and your spouse settled in the UK or married in the UK. It is not from when you got your Residence Card.