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Upon completing 5 years in an EEA qualified person's capacity a choice arise - apply for a £55 EEA3/ (WTF?!) document or straight for BC. Notes suggest that BC applications without EEA3/4 take longer. What is the effect of not having an atavistic EEA document and whether delays are significant/checks are more stringent to justify applying for one and paying clearly unfounded charges for its issue? Many thanks.

One can only go straight for naturalisation after 5 years if married to BC. Otherwise, one needs to wait 1 years after PR is obtained.

Not having PR Confirmation (following EEA3/4) should not affect the process time. Most of the process time is due to backlogs and external checks. It would only take the case worker a bit more to go over the treaty rights evidence.

The main advantage of having PR Confirmation is reducing risk as the naturalisation fee is high. If your case is straightforward (5 years worker with P60s), the risk is small. If you have a mix of treaty rights, it might be more complex to prove your have obtained PR.

And if one is Irish and therefore, is considered settled from the outset against the necessity to remain 'settled' for 1 year prior to BC application?!

If Irish, then you are right (although in that case, I don't see any advantage to spend £900 to become British but that's a different discussion).

Jambo wrote:One can only go straight for naturalisation after 5 years if married to BC. Otherwise, one needs to wait 1 years after PR is obtained.

Not having PR Confirmation (following EEA3/4) should not affect the process time. Most of the process time is due to backlogs and external checks. It would only take the case worker a bit more to go over the treaty rights evidence.

What I read and understood is that if you are an EU family member, you have to prove that your EU family member exercised his/her treaty right for continuous five years.

Both will automatically be qualified for permanent resident and they do not need to apply, PR from HO is just confirmation. EU family member can get confirmation if needed,as its helpful in getting jobs and travel etc but its not mandatory to get confirmation.

Now comes BC, you can have after six years, which includes five years of your EU treaty exercising plus one year of your
PR ( confirmed or unconfirmed by HO).

In case of unconfirmed family member has to show whole history to HO i-e six years of your plus five years of EU family ( which entitled you to qualified for PR but not sixth year which qualified you for BC).

Correct me if i am wrong please

Jambo wrote:If Irish, then you are right (although in that case, I don't see any advantage to spend £900 to become British but that's a different discussion).

There is a significant difference in levels of consular support. Not that being an academic I would consider teaching in Somalia or Yemen.

Would academic assignments abroad fall under 'discretionary consideration' in conjunction with the BC application? Provided documentary evidence regarding absence from UK for purposes such as conferences, data collection and posts, and providing other evidence of habitual residence in the UK (such as bank activity, self-employment, employment, etc), would this trigger discretionary consideration if an applicant has exceeded max allowance of foreign absence?

Thanks a mill

This would depend on how extend are the absences and the caseworker discretion. I don't think that being academic would give you extra points for discretion.

Jambo wrote:This would depend on how extend are the absences and the caseworker discretion. I don't think that being academic would give you extra points for discretion.

It seems that there is a difference in treating absence for EEA purposes and for BC. Once again, EEA route is more flexible and reflective of freedom of a lifestyle.

"For your residence in the United Kingdom to be considered continuous, you should not be absent from the United Kingdom for more than six months each year. Longer absences for compulsory military service will not affect your residence. Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence"

https://www.gov.uk/government/uploads/s ... ideeea.pdf