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Naturalisation after 6 years of EEA residence, without PR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

dimi
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Naturalisation after 6 years of EEA residence, without PR

Post by dimi » Wed May 05, 2010 6:56 am

Hi has anyone gone this route?
I am non-EEA family member of an EEA person
in June I will have been residing in the UK for 6 years under the new EEA rules. The rules state that you aquire PR automatically after residing in Uk for 5 years. This means I have aquired PR a year ago and can now be naturalised under 5 years residce + 1 year permanenet.
One this I have never actually applied for PR confirmation via eea4, because it simply takes too long, and I was travelling frequently.

I would like to skip PR application and go for British citizenship right away.

So has anyone applied for naturalisation under the EEA 6 years without having a PR stamp in his/her passport.

dimi
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Post by dimi » Tue May 18, 2010 4:56 pm

comon, must be at least someone outhere!

troubled
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Post by troubled » Tue May 18, 2010 9:42 pm

My solicitor told me it is possible to apply for naturalisation without PR if you have spent six years as EEA national or family member but I am yet to hear anyone who has gone through that process.Remember naturalisation falls under UK law and also under discretion of home secretary so it is a tricky situation.The money involve is also huge so the risk is not worth.

irric
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Re: Naturalisation after 6 years of EEA residence, without P

Post by irric » Thu May 20, 2010 9:51 am

dimi wrote:Hi has anyone gone this route?
I am non-EEA family member of an EEA person
in June I will have been residing in the UK for 6 years under the new EEA rules. The rules state that you aquire PR automatically after residing in Uk for 5 years. This means I have aquired PR a year ago and can now be naturalised under 5 years residce + 1 year permanenet.
One this I have never actually applied for PR confirmation via eea4, because it simply takes too long, and I was travelling frequently.

I would like to skip PR application and go for British citizenship right away.

So has anyone applied for naturalisation under the EEA 6 years without having a PR stamp in his/her passport.
Hi dimi.....
Sorry for no one replying to ur question.... actually i should be sorry for others....But anyway

There may be alot of peolpe who did this as this is just as right as any other application using EU laws.....
But the point is if u have all the documents just go for it..... u could be first one to share ur experience for this type of application.....

Personally i might do the same as long as ur employer and travelling plans can co-operate with u from the time when ur PR expires and till u get the COA for Nationalisation....... hope u get my point....

reddragonfly
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Post by reddragonfly » Thu May 20, 2010 6:14 pm

From my understanding (and I have read and re-read a lot of publication n UKBA including their requirements) you do not have to apply for ILR if you are an EEA citizen or family member of such.

You can then go ahead and apply for naturalisation after completing your 6th year (where you are free of restraints). The documentation required will be different from those applying via marriage / civil partnership to a British citizen but at the moment have not enquired what exactly one would need although from the guidelines on the UKBA website it's easy enough to get everything in order.

I am due to apply next year so have started compiling my documents just to be sure I have everything they could possibly request. i am not going to apply for EEA4 prior to naturalisation.

I hope this helps, I am reading all relevant posts just to be ready and wish you all the best.

mrlookforward
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Post by mrlookforward » Thu May 20, 2010 9:58 pm

If you read form AN and guidance, its clearly mentioned what documents are required for OP's naturalisation. I dont think a solicitors opinion is required to ascertain if OP does or doesnt qualify for BC. If someone chooses to trawl through this forum, it has been mentioned about 20 million times.

dimi
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Post by dimi » Fri May 21, 2010 11:32 am

I agree that the form and guidance state that non-EEA can apply after 6years under EEA rights.
However, HO is well known for requesting more documents that is actually required and for taking their time with not strateforward cases.
Therefore actuall expiriences with regards to timelines and documernts submited would be very helpful!!!

mrlookforward
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Post by mrlookforward » Fri May 21, 2010 1:47 pm

dimi wrote:I agree that the form and guidance state that non-EEA can apply after 6years under EEA rights.
However, HO is well known for requesting more documents that is actually required and for taking their time with not strateforward cases.
Therefore actuall expiriences with regards to timelines and documernts submited would be very helpful!!!
Sorry, I disagree. Again, pls read the form, send them the correct documents in right order, and in all likelihood you should get citizenship within 2 months.

Itabra
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Post by Itabra » Tue Jun 08, 2010 4:31 pm

Hi

my situation is similar too your....and my wife (that is non-EEA family member of an EEA person) will travel out of UK without PR for some week.

Have you travelled out the UK without the PR? what does it happen when you come back? Can they prevent you to enter in UK? HAve you to bring evidence of your 5 years residence?

thank you

leoleo
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Post by leoleo » Tue Aug 03, 2010 6:48 pm

Hi dimi,

My situation is similar to yours. And I do not want to apply for EEA4 before I'll apply for BC. It takes so long for HO to process it.
Have you already sent your documents for naturalisation (based on the new 6 year EEA rule)?

Could you please share your experience?

Many thanks.

P.S. Has anyone applied for naturalisation under the EEA 6 years without having a PR stamp in his/her passport? Please share your information with us.

noodles
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Post by noodles » Wed Aug 04, 2010 8:53 am

Interesting topic. Surely, someone out there should have tried this route. Whoever you are, please share your experience.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Aug 05, 2010 3:58 pm

I think it should be quite straight forward. Fill out the application and submit it. Note that you can send a solicitor certified copy of you current passport rather than sending the original. There is certainly no need to have a Permanent Residence Card.

Note that in the unlikely case that you are married to a British citizen, then you could apply after 5 years of residence. In this case you would be under EEA rules if you British spouse had been exercising treaty rights in another EU member state and then had returned to the UK, or if another family member (e.g. your parent) was in the UK under the EEA rules.

Question: what citizenship do you presently have?

Hru3000
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Post by Hru3000 » Tue Nov 16, 2010 10:21 pm

Phoned Home Office today asking the same question.

The lady said - yes, you can apply for BC without EEA4, however there is more risk to get application refused than if I apply for BC after receiving PR.

The guide to AN form says:

If you are a national of a
country which is a member state of the EEA or Switzerland, or the family member of such a
person
, you will automatically have permanent residence status after exercising EEA free
movement rights in the UK for any continuous period of 5 years ending on or after 30 April
2006, and therefore will not have to apply for indefinite leave to remain. But remember
that, unless married to or the civil partner of a British citizen, you should normally (I like that word...:-)) have
held permanent resident status for 12 months before applying for naturalisation.


The other thing which I don't understand is AN form doesn't have an area where my EEA spouse can put down the prove of exercising treaty rights for last 5 years....

86ti
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Post by 86ti » Wed Nov 17, 2010 8:19 am

Just send in all the necessary documents and maybe write a cover letter if the AN form doesn't have a section where you can note that down. What is the first thing you don't understand?

vinny
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Post by vinny » Wed Nov 17, 2010 10:23 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Hru3000
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Post by Hru3000 » Wed Nov 17, 2010 11:42 am

86ti wrote:Just send in all the necessary documents and maybe write a cover letter if the AN form doesn't have a section where you can note that down. What is the first thing you don't understand?
The first thing which I didn't understand is why it's more risky to apply for BC rather than PR-becouse I pay for BC and PR is free and I can loose the money in case of negative result?

86ti
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Post by 86ti » Wed Nov 17, 2010 1:18 pm

Hru3000 wrote:
86ti wrote:Just send in all the necessary documents and maybe write a cover letter if the AN form doesn't have a section where you can note that down. What is the first thing you don't understand?
The first thing which I didn't understand is why it's more risky to apply for BC rather than PR-becouse I pay for BC and PR is free and I can loose the money in case of negative result?
That's how I would understand it.

eldane
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Denmark

Re: Naturalisation after 6 years of EEA residence, without P

Post by eldane » Wed Nov 17, 2010 10:00 pm

dimi wrote:Hi has anyone gone this route?
I am non-EEA family member of an EEA person
in June I will have been residing in the UK for 6 years under the new EEA rules. The rules state that you aquire PR automatically after residing in Uk for 5 years. This means I have aquired PR a year ago and can now be naturalised under 5 years residce + 1 year permanenet.
One this I have never actually applied for PR confirmation via eea4, because it simply takes too long, and I was travelling frequently.

I would like to skip PR application and go for British citizenship right away.

So has anyone applied for naturalisation under the EEA 6 years without having a PR stamp in his/her passport.
You might find some other interesting information here: http://www.immigrationboards.com/viewto ... highlight=
Good intentions are appreciated but results are what matters..

sasim
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Post by sasim » Thu Nov 18, 2010 9:16 am

after going through with this post I've been to my lawyer yesterday & asked him the same question b/c I had been married to an eea 6 years.
he told me this law is only for eea nationals not for dependants who are non eea.
I will file my PR based on 5 years of marriage in a day or two.
just sharing for other ppl.
regards

noodles
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Post by noodles » Thu Nov 18, 2010 10:09 am

sasim wrote:after going through with this post I've been to my lawyer yesterday & asked him the same question b/c I had been married to an eea 6 years.
he told me this law is only for eea nationals not for dependants who are non eea.

I will file my PR based on 5 years of marriage in a day or two.
just sharing for other ppl.
regards
I think it's time you changed your lawyer Sasim as he obviously doesn't know what he's talking about. I WAS a non eea member and applied for EEA4 in Jan 2009, application voided in Jan 2010 cos my passport was expired before i sent it to the HO (which was probs a good thing for me cos it bought me time) reapplied for EEA4 with a new passport in Apr 2009 got COA 2 months later, called HO in Oct and they said application is with case worker and the usual rubbish.

Took the bold step and applied for naturalisation in Oct 2010 and thought i had nothing to loose but the money and very importantly, my solicitor wrote a very strong covering letter stating i already had a case pending in the european case team and these are certified copies of all my documents and they should feel free to contact the european case work if they do need the original ...also quoted the laws guiding that i automatically acquired PR Dec 2008 and met all requirements to apply for BC based on the +1 yr rule. With God on my side, my BC was granted in 3 days (going by the date on the letter sent), performed my ceremony in late October.

sasim
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Post by sasim » Thu Nov 18, 2010 10:51 am

@noodles: can u send me ur lawyer address and fees as msg.
many thanks

noodles
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Post by noodles » Thu Nov 18, 2010 1:31 pm

Hi Sasim.
Sent it to you via PM, not sure if it's right to give lawyers details on this forum but if anyone needs to know the lawyer i used , you can ask me as not a lot of lawyers even know this is possible and most do not know how to go about it. At least there's 1 success story here :-)

sasim
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Post by sasim » Thu Nov 18, 2010 6:40 pm

hi noodles can u go through quickly about my case details and let me know that is that the similar case like u or i can apply same as u applied.
pls have a look once u have a minute.
http://www.immigrationboards.com/viewtopic.php?t=65792
MAny Thanks

noodles
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Post by noodles » Wed Dec 01, 2010 10:42 am

noodles wrote:HI Guys,

Guess i should share my story here as i've received tons of PMs regarding my success story telling me to post my timelines but i'm just really bad with dates so here we go.
Dec 2003 - Became EEA family member
Jan 2004 - Received 5 yr RC
Sometime in 2008 seperated from partner (as she started thinking she was a supreme being by me being a dependant, so i told her where to stick it ;-)
Jan 2009 - applied EEA4 under my own rights
Jan 2010 - EEA4 VOIDED (not refused) due to invalid passport i.e my old passport had expired before i submitted it for EEA4 (silly thing, but actually bought me time to get to the BC zone)
April 2010 - Reapplied EEA4
July 2010 - COA
Last week in Sept 2010 - Applied for Naturalisation based on 5yrs EEA + 1 Yr PR route (note:PR was attained automatically in Dec 2008)
Oct 2010 - Account got debited by £735 and received COA 2nd week in Oct.
Oct 2010 - Called HO to check status of EEA application bcos of mortgage application and the official said not to worry as a decision has been made on my BC application and the outcome should be fine for the banks but my EEA application had been assigned to a case worker (typical)
http://www.immigrationboards.com/viewto ... e+mortgage
Oct 21st 2010 - Got a call from solicitor that my BC was approved , called the council 2 mins later and booked private ceremony the next day (before they changed their minds :-D)
Oct 22nd 2010 - Became a British Citizen and swore allegiance to Charlie's Mum
Just to let everyone know that i attended the passport interview on 27th of Nov 2010 - Same questions asked as in forum
British passport arrived in post 30th of Nov dated 27th of Nov 2010.
I wish everyone waiting the best of luck and God's guidance and divine intervention in securing their passports. Been a long and tedious journey and makes you appreciate every moment of it.

avjones
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Post by avjones » Wed Dec 01, 2010 2:44 pm

Congratulations!
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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