EEA Family Member and Natrulization

[Mido35]

Dear Sir,Madam

I will apply for my British citizenship soon as I am a Family Member of an EEA person which is my wife
but i am Egyptian and i will complete 6 years in the uk on 27/09/2014 as i entered the uk on 27/09/2008 i have a residence documentation which it will end 11/09/2014 i did not apply for ILR as i read in home office website that i do not have to apply for it and i can apply for the citizenship straight after completing 6 years in the UK but my question is as i heard from a solicitor that i can apply 2 month earlier because i do own a house in uk and because of that i can apply 2 month early please if you can advise me which date i can submit my application as we gonna apply together myself my wife and my son for the citizenship `

Kind Regards

[lake1]

Dear Sir,Madam

I will apply for my British citizenship soon as I am a Family Member of an EEA person which is my wife
but i am Egyptian and i will complete 6 years in the uk on 27/09/2014 as i entered the uk on 27/09/2008 i have a residence documentation which it will end 11/09/2014 i did not apply for ILR as i read in home office website that i do not have to apply for it and i can apply for the citizenship straight after completing 6 years in the UK but my question is as i heard from a solicitor that i can apply 2 month earlier because i do own a house in uk and because of that i can apply 2 month early please if you can advise me which date i can submit my application as we gonna apply together myself my wife and my son for the citizenship `

Kind Regards

I hope you didnt pay the solicitor? I would ask for a refund if you did.

what he said is not correct, you need to wait the whole full 6 years before you can apply considering you meet all the other requirements.

[Mido35]

thank you lake1 to reply to me , but can i ask do i start to count from the first EEA Family member work permit was granted or from the time of my marriage i mean the first 5 years start date from when i can count it
thanks

[Mido35]

and one last thing do i have valid passport at least for 6 month as mien will expire on jan 2015

[Jambo]

You can apply two months early but that would be application at discretion. Better to wait the full 1 year (after PR status). The counts starts from the time you are a family member of EEA national. If you got married in the UK, then from that date. Your passport doesn't need to be valid.

[Mido35]

thank you very much jambo for your answer it made me really feel more confident now , but as you said the count starts from the date of the marriage to my wife but the marriage was in Egypt not in the uk is makes any difference or still i count the 5 years from the /date of the marriage contract which was 10/07/2008 which means i can apply in the next 3 days ????

[Jambo]

You need to complete 5 years of residence as a family member of EEA national (+ 1 year after) so that would be on 26/9/14 (assuming your wife has been exercising treaty rights for a 5 years period).

[Mido35]

thanks jambo, (The counts starts from the time you are a family member of EEA national ) that was mention in your post .
what did you mean with that please
thanks

[askmeplz82]

27/09/2008 - 27/9/2014 : 6 years residence in the UK. can i ask why you are in hurry. just wait 2 more months

[Mido35]

at all (askmeplz)it is just preparation i have taken based on solicitor i asked last year and he said about applying 2 month before and if you ask why not letting him to apply for me because they want £2000 which i simply don't have now that all

[Jambo]

thanks jambo, (The counts starts from the time you are a family member of EEA national ) that was mention in your post .
what did you mean with that please
thanks

I wasn't completely accurate in my statement. It should say (the counts starts from the time you are a resident in the UK as family member of EEA national) so both conditions must be met: residence in the UK and being a family member (i.e. married in your case).

[Mido35]

I have been contacted yesterday by the Capita regarding my overstayed visa.and they did ask lots of questions which i didanswered
and they updated my file and they will send it to HO. my story is :::

I have arrived in the UK on the 27th of September 2008 on an EEA family member visa vaid for six months. In February 2009 I have applied for the 5 years EEA family member visa in home office and I have received it on the 17th of September 2009.
Me and my wife have been in the UK for over six years now and we both thought that after exercising the treaty rights for the continuance of 5 years we have both acquired permanent residency as per the guidance on Your website regarding the permanent residency :
https://www.gov.uk/government/uploads/s ... apter6.pdf
, but the phone call yesterday regarding overstayed visa really has put doubts in our minds.
On the 26th of September 2014 we have submitted to Home office all our documents for the naturalisation process for our family and I would like to clear all the doubts regarding my alleged overstayed visa in order to satisfy all the requirements for the naturalization.
Is there anything we have missed in a process ? would you be able to help us in clearing the doubts regarding the permanent residency that we both thought we have?

[Mido35]

Eligibility criteria: 6 years EEA Family Member ( 6 years rule without PR )
Language criteria met: Life in The UK+B1 English
Current nationality: Egyptian
Method of application: Post, it is Joint application myself+my wife (EEA National ) + My son (Born in uk)
Council name if NCS used: None
Date of application: 27/09/2014
Payment method: Credit Card
Date of receipt by UKBA: 28/09/2014
Date of acknowledgment: 04/10/2014
Date of debit or clearance of fees: 30/09/2014
Date approval received: Waiting
Date of ceremony: Waiting

i called home office to ask for update on 25\03/15 and i have been told that the case worker will contact me ....
today 04/04/2015i have received all my document back and a letter from home office saying:
{thank you for submitting the enclosed documents in support of your application of British citizenship , for your convenience the enclosed documents has been noted and returned to you . but it may be necessary to ask for them to be returned }.
and it has the case worker name and signature , did any body came across something like that and after more 6 month still i dont know what is going on they didont say it will be more time to consider as i saw in this forum {3-6 month letter } and i donot know why they sent my documents back ,please anybody can help

[Wise]

Please just be calm as that is what they always do when it comes in applying for BC through EU route either with or without PR by requesting for file from EU department.

But the good news is both of you was exercising treaty right for all 6 years.What they are checking on you is regarding breaking any immigration rules under good character in the past and apply discretion.I honestly pray it will be in your favour.

[Mido35]

thank wise , i will keep you guys update