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Family member of EU national - documents dillema

Posted: Sat Aug 02, 2014 3:51 am
by mango12
Hi

I'm married to an EU national and have the PR sticker in my passport.

I just realised that my passport is not enough to prove my 5 residency in the UK. I've head my passport stamped most of the times when travelling but it seems that it shouldn't have been stamped hence it can't be used as a proof of residency.

Now, I was a student two years ago but ended up not getting the qualification. I've emailed the college asking if they could provide me with a letter confirming my enrolment on the course but I'm still waiting to hear from the college. If the college refuses to issue the letter, would my award letters from SAAS (Student Award Agency for Scotland) showing that I was in receipt of a student loan and bursary be sufficient?

Also, if my wife becomes a British citizen before me, will I have to provide 5 or 3 years proof of residency? It says in the naturalisation guide that if you're married to a British citizen only 3 years proof is required.

I would be very grateful for any opinions

Re: Family member of EU national - documents dillema

Posted: Sat Aug 02, 2014 6:40 am
by vinny
See also here.

Re: Family member of EU national - documents dillema

Posted: Sat Aug 02, 2014 10:37 pm
by mango12
Thanks Vinny for the info. I read the document but it doesn't answer my question whether I have to provide 5 or 3 years evidence of residency if my wife becomes British before me. As far as I understand, the guide says that spouses of British citizens have to provide 3 years evidence so it shouldn't really matter when my wife acquired her BC. What in my opinion should matter is simply the fact that she will be British at the point of my application. Is that correct? I would very much appreciate any suggestions

Re: Family member of EU national - documents dillema

Posted: Sat Aug 02, 2014 10:58 pm
by Jambo
If you have the PR sticker, then 3 years of residence.

I would apply with just passport. If the caseworker would need more proof, they will write to you. If needed, you can use similar proof to what you used for your PR sticker.

Re: Family member of EU national - documents dillema

Posted: Sat Aug 02, 2014 11:21 pm
by mango12
Thanks Jambo. The thing is I phoned home office twice (once spoke to a senior advisor) and was told that utility bills or bank statements are insufficient evidence of residency. I find it strange because I used bank statements when applying for my PR and the application was successful. The AN application guide also states that if your passport is not stamped, you have to provide other evidence such as employers letter, university letters or letter from other government departments. The problem is that I had some gaps in employment so basically I can't prove that I was physically in the UK during those periods. I have bills and bank statements in my name but these documents are insufficient according to HO.
At least it will be easier to provide 3 years evidence than 5 years after my wife becomes British.

Ironically my passport was stamped every time I travelled abroad. Can't the HO take into considerations stamps in my passport?

Re: Family member of EU national - documents dillema

Posted: Sat Aug 02, 2014 11:53 pm
by Jambo
If your passport was stamped then I don't see any issue. In any case, I wouldn't worry too much. just a passport is normally fine even for EEA nationals (with no stamps). The HO have other means to check if you have been a resident. Unless they have a reason to suspect otherwise, whatever you stated in the form is considered to be correct.