NON EEA FAMILY MEMBER - NATURALISATION

[meir14]

Hi,

I received my EEA4 permanent residence last year and by this August will be finishing my 12 months waiting period after PR to apply for naturalisation.

Which section I should fill in the AN form? EEA National and Family members section or skip that section? I am asking this because if i fill that section, then five year exercising treaty rights column should be filled. I am not an EEA national and has been living in the UK as dependent to my EEA civil partner and not fitting any of the categories there.

My confusion is in that section it is written as EEA NATIONALS AND THEIR FAMILY MEMBERS, but in the section there is a tick box saying if you are not an EEA national please go to the next section. So what does that THEIR FAMILY MEMBERS wording means?

My last question is for the date of ILR, what shall I write? The date I received my EEA4?

[Jambo]

If you are waiting for 12 months after the date on the PR sticker, then you can skip the EEA section. This is for cases you did not apply for PR and need to prove that you have exercised treaty rights for 5 years. In your case you don't need to prove that as you got the sticker.

For date of ILR, write the date on the sticker.

[radi8]

My answer is the same as Jambo advised. For the date of ILR put the date of your sticker and you can explain it in the cover letter.

[meir14]

Well just to clarify one point, is the any possibility not to wait 12 months after the date of the PR sticker? Somewhere in this forum, I read that 5 years for permanent residency starts from the date of the marriage and the date written on my PR sticker does not important to count the total 6 years waiting time. Does this true?

My other question is, how can I fill the exercising treaty rights section if applying without considering the date of PR sticker? (I am already qualified than if the clock starts by the date of marriage) My employment history or my EEA family member's employment history should be filled to the AN EEA NATIONALS AND FAMILY MEMBERS section?

And my last question is, considering there is no entry stamp in my passport as a EEA2 and later EEA4 holder, should I send some proof or residence (tenancy agreement, council tax, bank letters..etc) together with the AN form?

[Jambo]

You can apply for British citizenship after 5 years of exercising treaty rights + 1 year so it's 6 years in total. The PR sticker is just a confirmation of your status. You don't need to wait 12 months after the PR sticker date. In that case, you will need to provide evidence of exercising treaty rights. As you would complete 12 months in a few weeks, better just to wait.

If you don't wait for the 12 months pass the PR sticker, you will need to provide evidence of exercising treaty rights (same evidence you provided for the EEA4 application).

In both cases, you will need to provide proof of residence in the 5 years prior to the application. Suggested documentation is listed in the AN form and guide.

[dasjoker]

You can apply for British citizenship after 5 years of exercising treaty rights + 1 year so it's 6 years in total. The PR sticker is just a confirmation of your status. You don't need to wait 12 months after the PR sticker date. In that case, you will need to provide evidence of exercising treaty rights. As you would complete 12 months in a few weeks, better just to wait.

If you don't wait for the 12 months pass the PR sticker, you will need to provide evidence of exercising treaty rights (same evidence you provided for the EEA4 application).

In both cases, you will need to provide proof of residence in the 5 years prior to the application. Suggested documentation is listed in the AN form and guide.

Just more question if you wouldn't mind. "5 years of exercising treaty rights + 1 year so it's 6 years in total"
Is this time for our partner or time for us, should we be 6 year exercising treaty right?

[Jambo]

The EEA national needs to exercise treaty rights for 5 years. The non-EU national needs to be in the UK during that period and to be considered as a family member during that period.
There is no need to exercise treaty rights in the 6th year (you can apply for naturalisation 1 year after obtaining PR).

[dasjoker]

The EEA national needs to exercise treaty rights for 5 years. The non-EU national needs to be in the UK during that period and to be considered as a family member during that period.
There is no need to exercise treaty rights in the 6th year (you can apply for naturalisation 1 year after obtaining PR).

Thanks Jambo but i am still confused so i come up with more details and question if you wouldn't mind
For example my wife she has been here since 2007 as me and we have been living together since 2008 and we married 2010.
Till now she has been exercise treaty rights (working and study)
and myself i have been student till 2009 and after applied working visa with ECAA (for turkish people)

and i just applied for EEA2 because my working visa expired.

My question is when our exercise treaty rights clock is starting to count?

When we started to live together which is 2008?
or It is start when we married which is 2010?"if i understand right it should be this but want to make sure"
or none of them when i will get my EEA2?

Thanks a lot

[Jambo]

As you switch from UK immigration laws to EEA regulations, your clock for ILR/PR was reset when you married in 2010 so you will get PR in 2015 and can apply for naturalisation 1 year after (if rules don't change until then).

Your wife could be eligible for naturalisation (if she wish in 2013). Did she work non-stop since 2007? When she was a student did she had Comprehensive Sickness Insurance (private health insurance). This is required if EEA national is exercising treaty rights as a student and is not working.

[dasjoker]

As you switch from UK immigration laws to EEA regulations, your clock for ILR/PR was reset when you married in 2010 so you will get PR in 2015 and can apply for naturalisation 1 year after (if rules don't change until then).

Your wife could be eligible for naturalisation (if she wish in 2013). Did she work non-stop since 2007? When she was a student did she had Comprehensive Sickness Insurance (private health insurance). This is required if EEA national is exercising treaty rights as a student and is not working.

She was working till 2009 but then it was too hard working and study together so she quit working on 2010 and both of us have CSI.

Thanks a lot Jambo for answering my questions

[meir14]

Thanks for your answers.

So in this case, I will be waiting till 1 year passes from my PR sticker date. (just couple of weeks more.)

And I will send the documents as a confirmation of residence. They are the ones written in EEA section of the form, right? (same documents as EEA4 residency documents)

And another question, total 450 days of absence limit is for the 5 years period starting from the date of my marriage to PR? 450 days for the first 5 years period + 90 days for the 6th year?

Or total 450 days for 6 year period? They say qualifying period which is not very clear actually.

[Jambo]

For naturalisation it's just the 5 years prior to the application that matter. Not 6 years (you need minimum 6 years to apply but it is the last 5 years that count)
So:
- Should not spend more than 450 days outside the UK in those 5 years.
- Out of those 450 days, less than 90 days need to be in the last year.

You need to provide proof of residence for 5 years i.e Aug 2006-Aug 2011. Similar documents used for EEA4 residence are fine (just remember to add the proof for the last year).

[meir14]

Thank you very muchjavascript:emoticon(':D')

[dromi]

Hi there,

I am in a similar situation and I am about to apply for Citizenship based on being a family member of a EU. I've been Permanent resident in the uk for 6 years now. Wife and myself have been working non stop during this time.

Just wondering in regards to the prove of exercising treaty rights..

- The documents they will want to see are prove that she "the EU" has been exercising treaty rights (P60s)?

- Do I need to send my P60 as well or not really?

- Do we need to send employers letters, or p60 should be enough?

Sorry if my questions have been covered before, but I am submitting the docs on wednesday and would like to get it right.

Thanks in advance..

[Jambo]

I've been Permanent resident in the uk for 6 years now.

Have you got a confirmation from the HO in the form of a sticker in your passport?
Are you applying just for yourself or are both of you applying? Does your wife have a confirmation of PR status (blue booklet with the sticker in it).

If the answers for the questions is yes, then there is no need to provide this proof again.

[dromi]

Hi Jambo,

Thanks for your reply, here are my answers..

Have you got a confirmation from the HO in the form of a sticker in your passport?

Yes I have a permanent residence sticker..

Are you applying just for yourself or are both of you applying?

Just for me.

Does your wife have a confirmation of PR status (blue booklet with the sticker in it).

No we dont have this.

[Jambo]

Hi Jambo,

Thanks for your reply, here are my answers..

Have you got a confirmation from the HO in the form of a sticker in your passport?

Yes I have a permanent residence sticker..

Are you applying just for yourself or are both of you applying?

Just for me.

Does your wife have a confirmation of PR status (blue booklet with the sticker in it).

No we dont have this.

If this is just for you and you already got the PR sticker, there is no need to fill in section 2.4-2.6. You can cross out those questions. There is no need to provide any information about your wife treaty rights. You are applying on your own merits.


In Q 1.3 put the date on the sticker as your "indefinite leave to enter/remain in the UK" date.

[dromi]

Hi Jambo,

Thanks again..

You are applying on your own merits.

This is exactly what I thought, an adviser in the nationality checking service told me I had to bring all my wife details, marriage cerficate, p60s, etc.

I guess it will not harm to include all these documents anyway?

In Q 1.3 put the date on the sticker as your "indefinite leave to enter/remain in the UK" date.

looking at the form q 1.3 is mothers date of birth..

I don't have ILR, but I have been resident for 6 years. My residence was extended when I renewed my passport..

[Jambo]

This is exactly what I thought, an adviser in the nationality checking service told me I had to bring all my wife details, marriage cerficate, p60s, etc.

I guess it will not harm to include all these documents anyway?

If the sticker in your passport is valid for 10 years and says "Confirmation of Permanent Residence" then your wife documents are irrelevant for a decision to be made. Why would you send documents which are not needed and have no bearing on the decision?

looking at the form q 1.3 is mothers date of birth..

Which form are you loooking at? For British Citizenship you should use form AN

I don't have ILR, but I have been resident for 6 years. My residence was extended when I renewed my passport..

PR is the equivalent of ILR in EEA terms. If you have told the NCS advisor that you have a PR/ILR sticker, I'm sure he would not have advised you to bring your wife's papers.

[Jambo]

I don't have ILR, but I have been resident for 6 years. My residence was extended when I renewed my passport..

You stated that you have been a Permanent Residence for 6 years. I misread that as you have held "Permanent Residence" status for 6 years. There is a big difference.

If you have only been a resident in the UK for 6 years, this is a different story.

What does your sticker in the passport say and how long is it valid for?

[dromi]

If you have only been a resident in the UK for 6 years, this is a different story.

This is correct, I have been resident for 6 years but only got the sticker residency 2-3 years ago when I had to re-aply because my passport run out.
I thought they were just going to transfer the residency stamp I had, instead they gave me a new one with the sticker, and 5 years starting from there.

At the moment my "permanent residency" sticker is valid until 2013 (5 years in total).

Is this more clear now?

Thanks again Jambo...

[Jambo]

At the moment my "permanent residency" sticker is valid until 2013 (5 years in total).

This is not a permanent residence sticker. This is a Residence Card for family member of EU national. It's not the same thing.

Going back to your original questions - The NCS advisor was right. You don't apply on your own merits but based on your EU wife exercising treaty rights for 5 years. You will need to provide evidence that your wife has been exercising treaty rights for 5 years (year 0-5). Your employment is not relevant for the application. 5 p60's covering the first 5 years is good enough.

[dromi]

Thanks Jambo, all clear now...

Cheers and Good luck.

[sak803]

Hi kind people in this forum,

I am thinking about appying for BC, because my 6 years living in the UK will be completed in next couple months. I am not sure if I can apply for just after 6 years. Could anybody give me some answers please, When can I soonest apply and what kind of documents do I need to support my application?

Here is my story:

My time line as non EEA:
2004 I married to EEA national (Polish)
08/12/2005 Entered the UK on EEA Family Permit, valid for 6 months
05/01/2006 Started working
08/08/2006 Got Resident Stamp, valid for 5 years (Applied using FMRS form)
11/03/2011 Got Permanent Resident Card, valid for 10 years (Applied using EEA4 form)


My Wife's as EEA national :
03/02/2005 Entered the UK and started working
17/03/2005 Got Accession State Worker Registration Scheme Registration Card
30/10/2007 Got Registration Certificate (Applied using EEA1)
20/07/2010 Got Document Certifying Permanent Resident (Applied using EEA3)

Additional info:
on 07/07/2008 I was caught by Police Speed Camera (Exceeded speed limit of 40 mph I did 62 mph)
on 12/08/2008 I got a summons to go to the Court, but I did not go just plea of guilty by post. Then I had to pay £90 and got 3 points on my License.

As a holder of an EU licence I do not need to exchange it for a UK licence unless I want to. Only driving licences issued by the DVLA can have the penalty points endorsed under the fixed penalty system. Therefore, the matter had to be dealt with by the magistrates’ court. The court had been made aware that the matter is only being heard at the court because the driver (me) is not in possession of a DVLA driving licence, but a Polish one.

I and my wife we both have been working all the time since we came to the UK

Any good answers highly appreciated
Thanks and good luck to your application#

[Sherdiplomat]

Hi . 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?