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Separated from EEA National spouse but have PR

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

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jrhall43
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Separated from EEA National spouse but have PR

Post by jrhall43 » Tue Mar 01, 2011 12:19 am

Hi

New to the board so please forgive any breaches of etiquette.

I was granted permanent residence last year following 5 years of marriage to an EEA National. I separated from my wife shortly after the PR was granted and we are no longer in contact. I am now coming up to to eligibility for citizenship having spent the last year with permanent residence and am a bit confused by the application process.

I am making my application based on 5 year’s residence with the last 12 months being permanently resident, however I am technically still married to the EEA National. If I have to apply as a family member of an EEA National I would need to provide evidence of her having exercised a treaty right, and I am not in a position to ask her for any documents.

Does anyone know if I can make my application solely on the basis of meeting the residence requirement or do I have to apply as a family member?

If I was forced to apply as the family member of an EEA National, would my permanent residence not in and of itself be evidence that I have met the five year requirement for exercising a treaty right?

Thanks in advance.

J

giuseppenero
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Location: italy

separated

Post by giuseppenero » Wed Mar 02, 2011 3:28 am

You find some anwsers at:
http://www.ukba.homeoffice.gov.uk/partn ... nshipends/
Good luck

jrhall43
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Post by jrhall43 » Wed Mar 02, 2011 8:45 am

Thanks Giuseppenero, but I already have permanent residence, so am past the probationary period.

My question is more to do with whether or not, having already obtained permanent residence, I have to apply as a family member of an EEA national or can I apply with residence in my own right

86ti
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Post by 86ti » Wed Mar 02, 2011 9:00 am

You have acquired PR in your own right.

jrhall43
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Post by jrhall43 » Wed Mar 02, 2011 9:28 am

Thanks 86ti. This was going to be an eventual follow up question, as whenever I come into the country after a holiday or business trip the UKBA officials at Immigration always ask me about my wife. I don't lie but I feel as if I need to be economical with the truth.

So you reckon that as long as I can provide my dates and a copy of my permanent residence document i do not need to provide evidence of having exercised a treaty right for the last 5 years, notwithstanding the fact that I will need to tick the box saying that I am married to an EEA National?

86ti
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Post by 86ti » Wed Mar 02, 2011 9:47 am

That's the whole point of obtaining PR and it's clearly documented in law (15(2) and (3)) regardless what some UKBA staff may choose to believe. You should not need to include any evidence for the five year period before the PR was issued as the Liverpool team has already checked all that. Have a look through the Citizenship sub forum.

jrhall43
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Post by jrhall43 » Wed Mar 02, 2011 11:10 am

Thanks 86ti, that is comforting to read.

dz_nostalgia
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Post by dz_nostalgia » Sun Mar 20, 2011 1:52 pm

jrhall43 wrote:Thanks 86ti, that is comforting to read.
i know it hasnt been a long time but just wondering if you have posted your application?

i am in more or less the same situation but i am unsure whether to tick the 2.4 Form AN section (are you a family member of an EEA national) since i have divorced and got my PR through Retention of Rights.

also if you have completed 12 month free from immigration restriction then technically we shouldn't have to prove any p60s apart from the PR sticker on your passport and that you have been here for 5 years

KC8010
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Post by KC8010 » Mon May 02, 2011 6:55 pm

Hi there just thought I would share with you that I was in the same situation as the EEA national and I being split and me as the NON eea national applying for BC.

It was very simple - I applied for the Citizenship in my own right - I was on PR for 10 years and the process took me from time of application to HO to me receiving my British passport took 4 months.

I am now applyin for my son as a British National through registration - so wish me good luck!

Christophe
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Post by Christophe » Mon May 02, 2011 8:15 pm

dz_nostalgia wrote:
jrhall43 wrote: i know it hasnt been a long time but just wondering if you have posted your application?

i am in more or less the same situation but i am unsure whether to tick the 2.4 Form AN section (are you a family member of an EEA national) since i have divorced and got my PR through Retention of Rights.

also if you have completed 12 month free from immigration restriction then technically we shouldn't have to prove any p60s apart from the PR sticker on your passport and that you have been here for 5 years
If you are divorced from your EEA-citizen spouse and as you are living in the UK with permanent residency, which by definition you hold in your own right, then no, I would not tick the box to say you are a family member of an EEA national — because you're not (or not for the purpose that the question is asking about anyway).

Christophe
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Post by Christophe » Mon May 02, 2011 8:16 pm

KC8010 wrote:I am now applyin for my son as a British National through registration - so wish me good luck!
Good luck! :)

KC8010
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Post by KC8010 » Mon May 02, 2011 8:20 pm

If you are NOT legally divorced from the EEA National you HAVE to say you are still married to the EEA National as legally you are.

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