Naturalization after 6 years EEA family residence.

Thre is no much information on documents required for naturalisatio application for EEA family members on the HO website.

My situation is:
I have married my EEA wife in June 2004
She execised her treaty rights all the time.
If I am correct, I have automatically aquired right of permanent residence under EU law on June 2009 without the need for application.
I have not yet applied for EEA4 confirmation PR, and will do it this month, it will take at least 6-12 months to get processed and stamped into my passport.
However, June 2010 I will have completed 5 years of residence + 1 year of Permamnent residence, which makes me eligible for naturalisation.

So how do I go about the application as EEA family resident? since my passpotr will be stamped with PR sometime in 2010, I am thinking whether it is possible for me to satisfy residence requirements by simply show that I was here under EU rights, by providing, my wifes passport, maridge certificate, her evidence of treaty rights (P60s, wageslips...) and stating my 5th wedding universary as the date when I aquired my PR.
Also how long will it take for naturalisation application to be processed?

I realy don't wanna wait till my PR is endorsed and then give it another 12 months, since the rules seem to change every year.

Another thing, I have lost my old passport 3 years ago, I have photocopies off all my visas, will it create any problems?

i just got my pr it took 8mths. i also had to give them a mew passport bcos i lost the old one. you shud show them the police report you got when you reported it lost.

my lawyer insisted i go get a police report and that saved me alot of stress as ho never asked mpor ???s about the passport.

Bebe2, I have lost my passport 3 years ago, and already got a new one and got my 5 year residence card transfered into it. So there is no problem on that side. I am just thinking about naturalisation when you have to proove that you have lived in the country for 5 years, if my old passport is lost, will it be still OK? Surely they have details off all my visas on their database.

Does your EEA spouse also hold British Citizenship? Or can qualify for British Citizenship by the time your 5th year of legal residence is completed? Is so, your can bypass applying for PR and apply directly for naturalisation as your EEA spouse would also hold British citizenship.

hi mate

i understand your question fully as i am in the same situation.
the thing is service dealing with that sort application would like you to apply for naturalisation 12 months after your Ilr being stamped in your passport.
what they don't bear in mind in the gap between the expiry time of your 5 years Rc and the processing time for your ILR.
while your 5 yaers Rc expired the EU sponsor does not need to apply for ILR confirmation as its automatic for her/him.
what it mean is while your sponsor can be naturalise on 6th year anniversary of your RC you can't.

The good new is that you can apply before in 1 year(12months) after the issuance of your ILR under discretion but the condition is that you have to demonstrate the delay on prpocessing your ilr residence wasn't your fault and 15 months has elapse between the expry time of your 5 years and the date of your application.
here is an example

5 years rc issue on 07/2003
5 years expired on 07/2008
ilr issue 03/2009
naturalisation under discretion can be made on 10/09
naturalisation by entitlement can be made 12 months after ilr issue date

hope you understand
good luck

From: http://www.bia.homeoffice.gov.uk/britis ... uirements/

Under the heading 'Residential requirements' there is a section for EEA nationals and their family:

European Economic Area nationals and Swiss nationals
If you are a European Economic Area (EEA) national or a Swiss national [b]or the family member of such a person[/b], [b]you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.[/b]

This seems to say that you can apply after 6 years.

Can anyone please clarify as my 6 year anniversary is comin up in a few months' time.

Pasha wrote:Does your EEA spouse also hold British Citizenship? Or can qualify for British Citizenship by the time your 5th year of legal residence is completed? Is so, your can bypass applying for PR and apply directly for naturalisation as your EEA spouse would also hold British citizenship.

No she isn't she will be eligible to apply for one in July 2010 -which is 6 years of exicizing treaty rights. My whole point is that as far as I am aware I don't actually have to apply for PR at all , as I aquire it automotically after being a family member of EEA national for 5 years - July 2009, and a year after (July 2010) I should have met residence requirments for naturalisation.

abidjan1 wrote:the thing is service dealing with that sort application would like you to apply for naturalisation 12 months after your Ilr being stamped in your passport.
what they don't bear in mind in the gap between the expiry time of your 5 years Rc and the processing time for your ILR.
while your 5 yaers Rc expired the EU sponsor does not need to apply for ILR confirmation as its automatic for her/him.
what it mean is while your sponsor can be naturalise on 6th year anniversary of your RC you can't.

Not sure that this is quite true. the EC directive on free movment of people says, that EEA citizens and their family aquire PR automotically after residing under EU law for five years, and HO website says that they can apply for confirmation of residence but do not have to. therefore, it looks like there is no requirment for you to have PR stamped in your passport at all since it dosen't give you any rights but merely confirms the rights that you already have.

Tanukiji wrote:From: http://www.bia.homeoffice.gov.uk/britis ... uirements/

Under the heading 'Residential requirements' there is a section for EEA nationals and their family:

European Economic Area nationals and Swiss nationals
If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

This seems to say that you can apply after 6 years.

Can anyone please clarify as my 6 year anniversary is comin up in a few months' time.

that what it looks like, but has anyone applied this way. and if so, then hove do you prove that you qualify i.e. your spouses pasport, mariage sertificate and evidence of employment for the last 6 years.

As I have just got my PR and all the supporting documents back, I plan to send these in with the naturalisation application along with recent payslips for my EEA national spouse + proof of UK residency throughout 6 years.

I plan to apply by post as I have a feeling that I might have a problem doing it through the NCS as I have no confidence the council staff will be aware of this route and might just send me packing.

If anyone out there has applied for naturalisation in this way, I would be grateful if you can share your experience.

I'd rather apply as soon as possible as who knows what the rules or fees will be in July 2010.

Tanukiji wrote: I plan to apply by post as I have a feeling that I might have a problem doing it through the NCS as I have no confidence the council staff will be aware of this route and might just send me packing.
.

Congrats on your PR, how long did it take? by the way what is the actual processing time for naturalisation (HO says 6 months)?

You might be better of going to NCS first anyway as they may or may not know about EEA route, but at least they will pull out their instructions and guide lines and may give you a prper responce before you pay the fee.

If anyone done it this way please let us know!

Hi Dimas

I sent off the EEA4 application to Liverpool early October. (My husband applied for EEA3 at the same time) Sent a complaint email to them at the end of May at which time they requested further information and I received my PR at the end of June.

So 9.5 months all together.

I will give the NCS thing a thought. I need to research first how long the application will take as I can deal with not having my passport for upto 6 months.

Tanukiji wrote:Hi Dimas

I sent off the EEA4 application to Liverpool early October. (My husband applied for EEA3 at the same time) Sent a complaint email to them at the end of May at which time they requested further information and I received my PR at the end of June.

So 9.5 months all together.

I will give the NCS thing a thought. I need to research first how long the application will take as I can deal with not having my passport for upto 6 months.

I am in the same boat. I applied with my wife in November 08 and got our PR in June 09. As per EU directive I am elligible to apply at the completion of 6th year of using treaty rights. (which is october 09) But have been advised by my Agent not to do so until December 09. I dont know where to start from. And what documents to send? If some one could list the documents needed to be sent that will be highly appreciated. Please keep sharing your experiences guys.

keshgrover wrote:

Tanukiji wrote:Hi Dimas

I sent off the EEA4 application to Liverpool early October. (My husband applied for EEA3 at the same time) Sent a complaint email to them at the end of May at which time they requested further information and I received my PR at the end of June.

So 9.5 months all together.

I will give the NCS thing a thought. I need to research first how long the application will take as I can deal with not having my passport for upto 6 months.

I am in the same boat. I applied with my wife in November 08 and got our PR in June 09. As per EU directive I am elligible to apply at the completion of 6th year of using treaty rights. (which is october 09) But have been advised by my Agent not to do so until December 09. I dont know where to start from. And what documents to send? If some one could list the documents needed to be sent that will be highly appreciated. Please keep sharing your experiences guys.

Hi,

Check this link for all the requirements:http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

biggiesmall wrote:

keshgrover wrote:

Tanukiji wrote:Hi Dimas

I sent off the EEA4 application to Liverpool early October. (My husband applied for EEA3 at the same time) Sent a complaint email to them at the end of May at which time they requested further information and I received my PR at the end of June.

So 9.5 months all together.

I will give the NCS thing a thought. I need to research first how long the application will take as I can deal with not having my passport for upto 6 months.

I am in the same boat. I applied with my wife in November 08 and got our PR in June 09. As per EU directive I am elligible to apply at the completion of 6th year of using treaty rights. (which is october 09) But have been advised by my Agent not to do so until December 09. I dont know where to start from. And what documents to send? If some one could list the documents needed to be sent that will be highly appreciated. Please keep sharing your experiences guys.

Hi,

Check this link for all the requirements:http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

Thanks for the link. I have gone through it alreay. But it is not very clear that as a parner of an EEA do I need to provide my wife's six years treaty evidence as well or just mine is enough. And what do they consider 'Good character' as. Their website says in very simple words what they look at but I have personally seen a lot cases where they picked up small things on good character and have rejected the applications.

Well, that is what I know so far and I am really keen to know others experience specially who are going through EEA route for naturalisation.

hi dimas
the guide is quite claer about family member of eea national with regards to the Acquisition of PR.
i have decide to apply .
i will let you guys know about the progress.

abidjan1 wrote:hi dimas
the guide is quite claer about family member of eea national with regards to the Acquisition of PR.
i have decide to apply .
i will let you guys know about the progress.

Are you gonna apply with NCS? please let us know as soon as they accept your documents, and especially proof of residence.

Keep us posted

i will use ncs appointment booked for wednesday 2nd they should take my application as the guide is ckear about the automatic entitlement for PR after 5 years

hi dimas
i have been to my NCS appointment this morning. the person there wasn't sure that i qualify for naturalisation i then show him page 5 of the naturalisation guide but he was still unsure.
HE then phone the HO and they confirm that he can take my application form.
Now i am waiting to hear from the homeoffice normally it takes 2-4 week to acknowlage the application.
I will keep you updated.

Briliant Adrian1, I hope HO confirms it! if everything is OK it will save a lot of us plenty of time!!! Please keep us posted

hi guy
here some update this morning i saw that the HO has charged my debit card with the £720 fee.
does it mean that my application is being process now or else?
i could see the transaction pending since monday(2days ago)

take care i

abidjan1 wrote:hi guy

does it mean that my application is being process now or else?


take care i

Lets hope so, and yopu will recieve acnowledgment in a week or so, they can't charge you and then return application as incomplete. or can they?

Keep us posted mate!

sure that's what this forum is all about. by the way my username is abidjan1 not adrian1

hi guys
update
i have received my acknowledgement letter from the HO.
now waiting for the decision.
keep you posted.