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Posted: Sun Oct 02, 2011 7:19 pm
by sak803
Hi kind people in this forum,

I am thinking about appying for BC, because my 6 years living in the UK will be completed in next couple months. I am not sure if I can apply for just after 6 years. Could anybody give me some answers please, When can I soonest apply and what kind of documents do I need to support my application?

Here is my story:

My time line as non EEA:
2004 I married to EEA national (Polish)
08/12/2005 Entered the UK on EEA Family Permit, valid for 6 months
05/01/2006 Started working
08/08/2006 Got Resident Stamp, valid for 5 years (Applied using FMRS form)
11/03/2011 Got Permanent Resident Card, valid for 10 years (Applied using EEA4 form)


My Wife's as EEA national :
03/02/2005 Entered the UK and started working
17/03/2005 Got Accession State Worker Registration Scheme Registration Card
30/10/2007 Got Registration Certificate (Applied using EEA1)
20/07/2010 Got Document Certifying Permanent Resident (Applied using EEA3)

Additional info:
on 07/07/2008 I was caught by Police Speed Camera (Exceeded speed limit of 40 mph I did 62 mph)
on 12/08/2008 I got a summons to go to the Court, but I did not go just plea of guilty by post. Then I had to pay £90 and got 3 points on my License.

As a holder of an EU licence I do not need to exchange it for a UK licence unless I want to. Only driving licences issued by the DVLA can have the penalty points endorsed under the fixed penalty system. Therefore, the matter had to be dealt with by the magistrates’ court. The court had been made aware that the matter is only being heard at the court because the driver (me) is not in possession of a DVLA driving licence, but a Polish one.

I and my wife we both have been working all the time since we came to the UK

Any good answers highly appreciated
Thanks and good luck to your application#

Posted: Sun Oct 02, 2011 9:29 pm
by Jambo
sak803 wrote:Hi kind people in this forum,

I am thinking about appying for BC, because my 6 years living in the UK will be completed in next couple months. I am not sure if I can apply for just after 6 years. Could anybody give me some answers please, When can I soonest apply and what kind of documents do I need to support my application?

Here is my story:

My time line as non EEA:
2004 I married to EEA national (Polish)
08/12/2005 Entered the UK on EEA Family Permit, valid for 6 months
05/01/2006 Started working
08/08/2006 Got Resident Stamp, valid for 5 years (Applied using FMRS form)
11/03/2011 Got Permanent Resident Card, valid for 10 years (Applied using EEA4 form)


My Wife's as EEA national :
03/02/2005 Entered the UK and started working
17/03/2005 Got Accession State Worker Registration Scheme Registration Card
30/10/2007 Got Registration Certificate (Applied using EEA1)
20/07/2010 Got Document Certifying Permanent Resident (Applied using EEA3)

Additional info:
on 07/07/2008 I was caught by Police Speed Camera (Exceeded speed limit of 40 mph I did 62 mph)
on 12/08/2008 I got a summons to go to the Court, but I did not go just plea of guilty by post. Then I had to pay £90 and got 3 points on my License.

As a holder of an EU licence I do not need to exchange it for a UK licence unless I want to. Only driving licences issued by the DVLA can have the penalty points endorsed under the fixed penalty system. Therefore, the matter had to be dealt with by the magistrates’ court. The court had been made aware that the matter is only being heard at the court because the driver (me) is not in possession of a DVLA driving licence, but a Polish one.

I and my wife we both have been working all the time since we came to the UK

Any good answers highly appreciated
Thanks and good luck to your application#
Not taking your court issue into consideration -
You can either apply after the 6th anniversary in the UK. In this case you will provide evidence that your wife (the EEA national) has been exercising treaty right for 5 years (same evidence you used for the EEA3/EEA4 applications) OR wait for 1 year after PR date and apply without providing proof of your wife activity.

In both cases, you will need to pass the Life in the UK test and provide proof of your residence in the 5 years before the applications (years 1-6).

Can't comment on the court issue. I would think a cover letter explaining the issue would be good enough but better to wait for other comments also.

Posted: Fri Oct 07, 2011 9:46 pm
by sak803
This mean that the soonest date I can apply is 09/12/2011 if go by after the 6th anniversary in the UK (Not sure how does the clock start, e.g from date of arrival in uk or date of recieving Resident card?
Thanks

Posted: Sat Oct 08, 2011 1:51 pm
by Plum70
sak803 wrote:This mean that the soonest date I can apply is 09/12/2011 if go by after the 6th anniversary in the UK (Not sure how does the clock start, e.g from date of arrival in uk or date of recieving Resident card?
That one.

Posted: Thu Dec 01, 2011 10:06 pm
by sak803
[quote="Plum70"][quote="sak803"]This mean that the soonest date I can apply is 09/12/2011 if go by after the 6th anniversary in the UK (Not sure how does the clock start, e.g [b]from date of arrival in uk[/b] or date of recieving Resident card?[/quote]
That one.[/quote]

I am confusing on question 2.4 , 2.5 and 2.6 in the AN form

[b]Question 2.4 [/b]
In this question it said that "If you are not an EEA national, got to section 3", but it also asked Are you an EEA national or family member of an EEA national"

Assuming that I am not going to section 3 and an answered I am a family member of an EEA national, then whose details should I put in on the table (my details or EEA spouse's details ) ?

[b]Question 2.5 [/b]
What about this one same as 2.4 ?

[b]Question 2.6 [/b]
I think I don't have to answer this one as I am not an A8 national (But my spouse is)

Could anyone explain me how to answer those questions please

Thanks

Posted: Thu Dec 01, 2011 10:21 pm
by Jambo
You should tick "Family memeber of EEA national" and answer the questions with the EEA national details. It's the EEA national activities that entitle you for a PR (same way as in the EEA4 application. Your activities are irrelevant to determine if you have obtained PR or not).
As for evidence needed, you can use your wife's PR blue book to prove she has been exercising treaty rights for the 5 years required (12/2005-12/2010).

Posted: Fri Dec 02, 2011 9:00 pm
by sak803
Thanks for your explanation Jambo , but just want to make sure again

In my case the answers to 2.4 and 2.5 would be the same ?

The answer to 2.6 should be the date that my wife started working (03/02/2005) ?


Could anyone put a comment on my court case please ?

Thanks,