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Non-eea spouse. Time for me to apply for citizenship?

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

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johnty
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Posts: 49
Joined: Mon Nov 08, 2010 10:44 pm

Non-eea spouse. Time for me to apply for citizenship?

Post by johnty » Mon Nov 08, 2010 10:58 pm

Hi
My short history...
married my eea wife in June 2004.
Applied straight away and got 5 years residence permit card on 7th nov 2004
applied for PR in nov 2009 and received sticker in passport in MAR 2010 (both of us).
Passed life in UK test last week.

My question is Can I apply for citizenship now? or will have to wait until MAR 2011.

Czech EEA Wife doesn't wanna apply for British citizenship because of losing her present nationality.

thanks

vinny
Moderator
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Nov 09, 2010 2:31 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.

noodles
Newbie
Posts: 45
Joined: Thu Jun 10, 2010 10:49 am

Post by noodles » Tue Nov 09, 2010 10:27 am

Johnty,

IMO, you automatically acquired PR status 5 years after you became a family member of an EEA citizein which is June 2009 and you could have applied for naturalisation in June 2010 (1 year of having PR) The sticker is only a confirmation of your PR status.

If you did not have the PR sticker by June 2010, then you would have needed to submit documents showing your eea spouse was ecxercising treaty rights blah blah.. but as you've already received your PR sticker, you can apply on your own NOW without your partner's documents as these have already been confirmed. Hope this helps

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Nov 09, 2010 10:53 am

noodles wrote:.. but as you've already received your PR sticker, you can apply on your own NOW without your partner's documents as these have already been confirmed. Hope this helps
True, in principle, but it will not be evident for the case-worker when PR was actually acquired. If the naturalisation application is sent in before Mar 2011 (or whatever month the PR sticker says) the OP still better includes those documents from the spouse from before Mar 2005 as you said.

johnty
Newbie
Posts: 49
Joined: Mon Nov 08, 2010 10:44 pm

Post by johnty » Tue Nov 09, 2010 4:34 pm

thanks all for your comments.

I have read through all the links.

I still have all the documents from PR application and will just add this year stuff to it.

In one of the link it says
"Evidence that you are free from immigration time restrictions"
How am I going to provide this?
If I automatically acquired PR I do not have anything to prove this.

What about that NCS shocking revelation post? according to that I should wait for MAR 2011??

I really confused now.

shall I apply now or wait?
All required documents are ready and also have passed lifeinuk test.. just need to be sure if I can apply and do not want to waste £735.

Need to use Form AN?


thanks

vadimvin
Junior Member
Posts: 72
Joined: Tue May 26, 2009 11:04 pm

Post by vadimvin » Wed Nov 10, 2010 6:20 am

johnty wrote:thanks all for your comments.

I have read through all the links.

I still have all the documents from PR application and will just add this year stuff to it.

In one of the link it says
"Evidence that you are free from immigration time restrictions"
How am I going to provide this?
If I automatically acquired PR I do not have anything to prove this.
What about that NCS shocking revelation post? according to that I should wait for MAR 2011??
I really confused now.
shall I apply now or wait?
All required documents are ready and also have passed lifeinuk test.. just need to be sure if I can apply and do not want to waste £735.
Need to use Form AN?
thanks
Hi,
I have the same situation.
As I understood, there is different ways of applying:
Through NCS:
1) 5+1 years rule applies, EEA national docs required to show qualified period for 6 years
2) Independently, 1 year after PR card issued or inserted sticker in your passport.

OR Directly to UKBA, no need to show EEA documents through route 1)

Anyone please confirm above.

Thanks!

yusfaith
Junior Member
Posts: 59
Joined: Fri Nov 27, 2009 7:44 pm

Re: Non-eea spouse. Time for me to apply for citizenship?

Post by yusfaith » Wed Nov 10, 2010 9:10 am

You can apply now. i have passed through thesame, you can check all my post. i married in feb 2004 and applied for my PR in march 2010. i received the sticker in sept,2010. I applied for british citizen thesame month i received my PR and was granted. I am just waiting for my paasport interview now. You automatically acquired your PR status from the 5th anniversary of your marriage, the sticker is just a mere confirmation.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Wed Nov 10, 2010 9:29 am

johnty wrote:"Evidence that you are free from immigration time restrictions"
How am I going to provide this?
If I automatically acquired PR I do not have anything to prove this.
Of course, you have! By way of the documents proving that treaty rights had been exercised as explained above. How do you think your application for PR was accepted in the first place? The date on the PR sticker is simply the date of issue.

johnty wrote:What about that NCS shocking revelation post? according to that I should wait for MAR 2011??
You need to reread that thread esp. the entries form the more rational people there. The only 'shocking revelation' is that one NCS doesn't understand the relevant law.

vadimvin
Junior Member
Posts: 72
Joined: Tue May 26, 2009 11:04 pm

Re: Non-eea spouse. Time for me to apply for citizenship?

Post by vadimvin » Wed Nov 10, 2010 10:45 am

yusfaith wrote:You can apply now. i have passed through thesame, you can check all my post. i married in feb 2004 and applied for my PR in march 2010. i received the sticker in sept,2010. I applied for british citizen thesame month i received my PR and was granted. I am just waiting for my paasport interview now. You automatically acquired your PR status from the 5th anniversary of your marriage, the sticker is just a mere confirmation.
Thanks yusfaith,
have you submitted EEA member documents and did you post an application to UKBA?

johnty
Newbie
Posts: 49
Joined: Mon Nov 08, 2010 10:44 pm

Post by johnty » Wed Nov 10, 2010 11:10 am

yusfaith wrote: Hi,
I have the same situation.
As I understood, there is different ways of applying:
Through NCS:
1) 5+1 years rule applies, EEA national docs required to show qualified period for 6 years
2) Independently, 1 year after PR card issued or inserted sticker in your passport.

OR Directly to UKBA, no need to show EEA documents through route 1)

Anyone please confirm above.

Thanks!

thanks yusfaith and all

what do you mean by

independently OR Direct to UKBA? what is the difference?
I guess you mean sending it yourself OR via Public Enquiry Office (PEO)? (don't think the offer citizenship via peo.

Thanks

yusfaith
Junior Member
Posts: 59
Joined: Fri Nov 27, 2009 7:44 pm

Re: Non-eea spouse. Time for me to apply for citizenship?

Post by yusfaith » Wed Nov 10, 2010 12:07 pm

I onnly submitted my eea document when applied for PR but did not submit it when applying for BC because we have divorced as at then. even i have divorced b4 applying for my PR

vadimvin
Junior Member
Posts: 72
Joined: Tue May 26, 2009 11:04 pm

Post by vadimvin » Wed Nov 10, 2010 5:11 pm

johnty wrote:
yusfaith wrote: Hi,
I have the same situation.
As I understood, there is different ways of applying:
Through NCS:
1) 5+1 years rule applies, EEA national docs required to show qualified period for 6 years
2) Independently, 1 year after PR card issued or inserted sticker in your passport.

OR Directly to UKBA, no need to show EEA documents through route 1)

Anyone please confirm above.

Thanks!

thanks yusfaith and all

what do you mean by

independently OR Direct to UKBA? what is the difference?
I guess you mean sending it yourself OR via Public Enquiry Office (PEO)? (don't think the offer citizenship via peo.

Thanks
Yes, I meant sending it directly would improve chance to avoid asking questions of 6 years documents of EEA national, I do not really want to go through this again, we are in the process of devorsing now and I think if it is going to effect my application? or shall i wait 1 year since stiker issued?
Thanks,
Vad.

vadimvin
Junior Member
Posts: 72
Joined: Tue May 26, 2009 11:04 pm

Re: Non-eea spouse. Time for me to apply for citizenship?

Post by vadimvin » Wed Nov 10, 2010 6:16 pm

yusfaith wrote:I onnly submitted my eea document when applied for PR but did not submit it when applying for BC because we have divorced as at then. even i have divorced b4 applying for my PR
We are also going to divorse, but I am not sure what is the best option for me, as I am not looking forward to supply her papers once again...
After I read the forum with the "shoking news" http://www.immigrationboards.com/viewtopic.php?t=57536 I am really confused now.

Thanks anyone who can explain what is the best solution.

yusfaith
Junior Member
Posts: 59
Joined: Fri Nov 27, 2009 7:44 pm

Re: Non-eea spouse. Time for me to apply for citizenship?

Post by yusfaith » Wed Nov 10, 2010 10:45 pm

vadimvin wrote:
yusfaith wrote:I onnly submitted my eea document when applied for PR but did not submit it when applying for BC because we have divorced as at then. even i have divorced b4 applying for my PR
We are also going to divorse, but I am not sure what is the best option for me, as I am not looking forward to supply her papers once again...
After I read the forum with the "shoking news" http://www.immigrationboards.com/viewtopic.php?t=57536 I am really confused now.

Thanks anyone who can explain what is the best solution.

If you have acquired your PR b4 you divorced and the sticker is already in your passport and you can proof that you have spent 6 years in total from the day you became a family member, you dont have to send her document. I only sent my document and the application was successful within a month.

johnty
Newbie
Posts: 49
Joined: Mon Nov 08, 2010 10:44 pm

Post by johnty » Thu Nov 11, 2010 8:53 am

Hello again

OK my application is ready. I am still married living with my eea wife.

Which documents shall I send with it to show exrcising treaty right.

So far I have
Passport (which has 5 years Residence Nov 04 to 09) & PR sticker [mar 2010])
Life in Uk test
Driving licence (used for life in uk ID)
letters from homeoffice confirming Residence in 2004 (for both of us)
6 years HMRC statments
6 years Council tax bills (has both of our names)
6 year HMRC documents (wife)
marriage certificate

do I need to send here passport?

thanks

vadimvin
Junior Member
Posts: 72
Joined: Tue May 26, 2009 11:04 pm

Re: Non-eea spouse. Time for me to apply for citizenship?

Post by vadimvin » Thu Nov 11, 2010 11:52 pm

yusfaith wrote:
vadimvin wrote:
yusfaith wrote:I onnly submitted my eea document when applied for PR but did not submit it when applying for BC because we have divorced as at then. even i have divorced b4 applying for my PR
We are also going to divorse, but I am not sure what is the best option for me, as I am not looking forward to supply her papers once again...
After I read the forum with the "shoking news" http://www.immigrationboards.com/viewtopic.php?t=57536 I am really confused now.

Thanks anyone who can explain what is the best solution.

If you have acquired your PR b4 you divorced and the sticker is already in your passport and you can proof that you have spent 6 years in total from the day you became a family member, you dont have to send her document. I only sent my document and the application was successful within a month.
HI yusfaith , i understand, this it very good news for me.
i am going to do the same, which documents you posted from your side, utility bills, statements or P60 would be enough?

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