Non-EU spouse of EU national - documents needed

Hi everyone!

I am an EU national and now I also have British nationality. When applying for BC, apart from my PR (the blue document) I had to submit evidence showing that I was physically in the UK during the past 5 years. This was because EU passports are not stamped at UK airports.

My non-EEA husband is now applying for his BC and I was wondering if he also has to submit this type of evidence simply because he's here under the EU immigration law and holds a PR.

Thank you in advance for any comments/advice

sylvia532 wrote:Hi everyone!

I am an EU national and now I also have British nationality. When applying for BC, apart from my PR (the blue document) I had to submit evidence showing that I was physically in the UK during the past 5 years. This was because EU passports are not stamped at UK airports.

My non-EEA husband is now applying for his BC and I was wondering if he also has to submit this type of evidence simply because he's here under the EU immigration law and holds a PR.

Thank you in advance for any comments/advice

The requirements to be satisfied for the privilege of citizenship are determined by the BNA so evidence has to be submitted anew to demonstrate those requirements have been met.
A confirmation of PR card can help.
As can a stamped passport.

The AN form advises what to submit in all circumstances:
https://www.gov.uk/government/uploads/s ... 9_2015.pdf
- see page 30+

It may be a little simpler for a non-EEA national as a stamped passport should help provide evidence towards residency & also the vital proof of physical presence in UK 'x' years before date of application.

Thank you Noajthan for your reply. It's very kind of you that you provide valuable advice to so many forum users.

Regarding physical presence in the UK. My understanding is that since I am now a British citizen, my husband is only required to present 3 years (and not 5) evidence of physical presence in the UK. Point 2.2 of AN application (asking about absences) states "If you are married to a British citizen, give details for the last three years only". I think if they only want to know about his absences during the past 3 years then they are also only interested in evidence of physical residence covering the past 3 years. What are your thoughts?

sylvia532 wrote:Thank you Noajthan for your reply. It's very kind of you that you provide valuable advice to so many forum users.

Regarding physical presence in the UK. My understanding is that since I am now a British citizen, my husband is only required to present 3 years (and not 5) evidence of physical presence in the UK. Point 2.2 of AN application (asking about absences) states "If you are married to a British citizen, give details for the last three years only". I think if they only want to know about his absences during the past 3 years then they are also only interested in evidence of physical residence covering the past 3 years. What are your thoughts?

Interesting question.

My understanding is as the spouse of a BC then yes, there is the 3-year residency rule.
(My wife applied on this basis too).

But, with your 'EEA national' hat on (so to speak) the dependent family member of an EEA national (your spouse) will also have to show 5 years residency in UK.

So I think the 3 years is wrapped up within the 5 years if you see what I mean.
You will have to provide 5 years of evidence for the 'acquiring PR' part of the application as well as 3 years evidence for the 'spouse of BC' element.

The AN guidance touches on this point too, see section 2) 3 or 5 year qualifying period

Ref: https://www.gov.uk/government/uploads/s ... n_2015.pdf
- see page 6

For the rest of the form, if it asks for '10 years of this' or '5 years of that', suggest just supply what they ask for & need to see.

As a general principle I believe this approach helps spoonfeed the caseworker so as to make their job of processing your application 'easier';
It also tends to eliminate any possible HO 'wriggle room' or grounds for refusal.

Hope it makes sense.