When can EEA national apply for BC.

[spike_UK]

Hi all,
Just wondering when can my wife who is EEA national apply for BC, as I believe if she get her BC then I dont have to apply for EEA4 and spend 12 months with PR, I can just straight apply for BC, as a family member of BC(as long as been living together 3 years,,,perhaps she has been exercising
treaty right). Am I right?
By theway she has been living in UK over 6 years and always been working, and we been together over 5 years.
Any informations guy,,,, every little helps
Thanks.

[fysicus]

I suppose your wife can already apply for BC. However, it's an expensive procedure and to be honest, I don't see the benefit for an EEA national to become BC.
I'm living and working in UK for well over 10 years and never felt the urge to apply for BC.

[Jambo]

One of the requirements for BC is to hold PR/ILR. This is obtained after 5 years under the EEA regulations. So even if you spouse is a BC, you need first to have PR (5 years) before applying. The only benefit from your spouse being British is that you don't need to wait 12 months from PR (and that the residential required for naturalisation is 3 years).

EEA4 application is always optional and you can apply for BC directly even if your spouse is not British (assuming you meet the requirements) but as you already submitted your EEA4 application last week (according to your other posts) then this is less relevant in your case.

[spike_UK]

Thanks guys,
Jambo, I know I have just applied but after been reading so many cases on this forum im a bit worried if they refuse me based on not enough evidence!! then I can't even appeal, so I was thinking if that happens then my wife can apply for BC and once she got it I can apply too(as I will have enough evidence for 3 years as required).
I know its extra cost but I dont have any other choice but waiting until June 2014 when my RC finishs or wait until November 2013(5 yrs of marriage).
Im worried, confused, eating my nails waiting,,,,,,,,,,,,,,[/b]

[Jambo]

then I can't even appeal,

Why do you say that? You can appeal but if your application is refused because of missing documents, it is quicker just to reapply with the missing documents. As long as your wife is exercising treaty rights in the UK, you are legal in the country even if the HO refuses to confirm your PR status.

I can apply too(as I will have enough evidence for 3 years as required).

Let me repeat it again - the 3 years rule is not relevant to your case yet. You first need to obtain PR based on 5 years. If the HO refuses yor EEA4 application, they are likely to refuse it also for a BC application and you will lose the £800 application fee.

[spike_UK]

Jambo, thanks mate,,,its just I havent got any more evidence as I have sent all of them and if they refuse based on evidence then obviously I have no hopes......please pay ur attention for the following:
We lived together from 17/01/2007 until 17/09/2007(enough evidence) and then from 17/09/2007 until 21/04/2008(7 months with part evidence) we lived in a flat with my best friend but we also have some bills, bank statement, her payslips to prove that,,,until we found our own place, then from 22/04/2008 until now we have provided fully evidence(more than enough). do think they will have an issue with that? I hope not,,,otherwise my friend can write a letter to confirm that we were only living there till we find somewhere good to ourselves.
Many thanks for your help.

[Jambo]

I can't predict what the case worker will decide. Just wait and see and hope for the best.

[spike_UK]

Thanks mate,,,,,,I'm also worried that if the case worker only look at our marriage certificate(which is from 11/2008) only over 3 yrs and refuse my application which he shouldn't as by the EU regulations it should count from the day I been a family member and she exercising treaty right which is from 17/01/2007 and just over 5 years,,,,,,,,,,,,,so i don't know what to do or what to expect!!!!! but I know if he refuse application based on that then I know I can appeal against it,,,what do you think?

[spike_UK]

Jambo, what is COA( certificate of approval) does every one get that once the application is in process or not? does it mean your application it has been successful?
Can you explain plz because I asked my lawyer but she said there isn't anything like that!!!!
Thanks.

[Jambo]

Have you been issued a Residence Card as an unmarried partner in January 2007? According to EEA regulations, your time as family member starts when the HO recognise you as such (if unmarried) or automatically when you are married. It is not from the time you started to live together as unmarried couple although the HO might be flexible and recognise that period also.

CoA is certificate of application and not of approval. It is just an administrative acknowledgement by the HO that they have received your application and that is passed the initial screening for documents. All non EEA applicants get it. This is not an indication on the outcome of your application as your application still needs to be examined by a case worker.

[spike_UK]

Jambo, no I was issued RC on June 2009 but when I spoke to a few different HO staff they confirmed that it doesn't rely on my marriage or RC,,,it's obviously count from they day that I lived with her as a family member she been exercising treaty right and all that.
my lawyer also checked and she said it's true.
There are more cases like mine,,,,they get refused but successful in appeal.