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Hi there,

I am wanting to apply for Naturalisation based on my Permanent Residence, but an not clear on what documentation is required for a successful application. Don't really want to send the incorrect info and have the £1000 fee lost...

I'm a non-EEA family member of an EEA national.
I have had Permanent Residence since Sept 2010. (5 years)
Before that I was living in the UK, based on a Right of Residency, based on my Dutch wife's Excercise of Treaty Rights.

So, my questions are:

1. Can I apply for UK Naturalisation based on 1 year of Permanent Residence, or does the 6 year EEA family member rule apply?

2. If the 6 year EEA family member rule does apply, do I need to provide "Excercise of Treaty Rights" document proof for all the 6 years, for my wife, or for myself, or both?

Thanks

RJC

RJC wrote:Hi there,

I am wanting to apply for Naturalisation based on my Permanent Residence, but an not clear on what documentation is required for a successful application. Don't really want to send the incorrect info and have the £1000 fee lost...

I'm a non-EEA family member of an EEA national.
I have had Permanent Residence since Sept 2010. (5 years)
Before that I was living in the UK, based on a Right of Residency, based on my Dutch wife's Excercise of Treaty Rights.

So, my questions are:

1. Can I apply for UK Naturalisation based on 1 year of Permanent Residence, or does the 6 year EEA family member rule apply?

2. If the 6 year EEA family member rule does apply, do I need to provide "Excercise of Treaty Rights" document proof for all the 6 years, for my wife, or for myself, or both?

Thanks

RJC

If you mean you have already acquired

Permanent Residence since Sept 2010. (5 years)

as a dependent family member then you could apply for the privilege of citizenship now;
(assuming all other requirements for naturalisation have been/can be met).

This is because you have evidently been free from immigration time restrictions for more than the requisite 12 months (for an applicant with a non-British spouse).

Regarding your questions...
1) Don't know what you mean by "1 year of PR" unless you mean what I have just described above.

2) As the dependent family member of an EEA national the documentary proof of exercising treaty rights continuously in UK for 5 years (not "6") is all about your wife.
(Your economic activities in UK are immaterial).

You will still, ofcourse, have to prove 5 years residency in UK, at least 5 years of marriage & etc;
ie all (& more) as per the naturalisation guidance.

Hi noajthan,

Thanks for your reply.

1. Yes, I have well over the the requisite 12 month free from immigration time restrictions (for an applicant with a non-British spouse).

2. I can prove over 5 years residency (council tax bills in both our names, same property) as well as marriage 10 years.

3. Do I need to submit any other documentation for either myself or my wife for any period in the last 5 years to prove "exercising treaty rights" during this period?
(i.e. I have P60's 5 years back, and tax returns 10 years back, but my wife has not been working on an off for the past 5 years, but has been receiving child benefits the whole time).

Thanks for your help.

R