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pr or bc

Posted: Mon Aug 15, 2011 1:12 am
by comfused
I am non eea married to EU national(portoguese)
came to the Uk on the 14/10/2006 spouse visa
civil marriage on the 17 feburary 2007
got residence card valid untill 15/10/2012.

by the 15/10/2012 i will be resident in London for 6 yeas.

It s much easier for me to apply straigtaway for naturalisation( ON MY OWN RIGHTS) instead of applying for PR by filling in the the EEA4. Another question, do i need to send my wife s passport or marriage certificate with the application?? do i need to prove that she was exercising reaty right eventho im apllying for BC NOT PR?? she does nt work, ive been given 5 years residence on the basis of her was part time student nd she still student.

my wife is portuguese ( been in England for 22 yeas nd she s got 1 son whose born in london, she s got a council flat for 12 yrs, She s doing training with job center to get a job coz she s in process of searching jobs, ive been always financially supporting her)

i thought i do not need to prove my wife exercising treaty rights when i apply for BC?? i thought it s diffrent from the eea4 FORM? i thought i need our civil partnership(marriage)+ bills+ tenancy agreement+ of course my work during the 6 years. as for as, comprehensive insurance, we ve been treated for free with NHS nd i even have exemption Nhs.

thank you for your help

Posted: Mon Aug 15, 2011 3:22 am
by vinny

Re: pr or bc

Posted: Mon Aug 15, 2011 7:46 am
by Jambo
comfused wrote:I am non eea married to EU national(portoguese)
came to the Uk on the 14/10/2006 spouse visa
civil marriage on the 17 feburary 2007
got residence card valid untill 15/10/2012.

by the 15/10/2012 i will be resident in London for 6 yeas.

It s much easier for me to apply straigtaway for naturalisation instead of applying for PR by filling in the the EEA4. Another question, do i need to send my wife s passport or marriage certificate with the application?? do i need to prove that she was exercising reaty right eventho im apllying for BC NOT PR?? she does nt work, ive been given 5 years residence on the basis of her was part time student nd she still student.

my wife is portuguese ( been in England for 22 yeas nd she s got 1 son whose born in london, she s got a council flat for 12 yrs, She s doing training with job center to get a job coz she s in process of searching jobs, ive been always financially supporting her)

i thought i do not need to prove my wife exercising treaty rights when i apply for BC?? i thought it s diffrent from the eea4 FORM? i thought i need our civil partnership(marriage)+ bills+ tenancy agreement+ of course my work during the 6 years. as for as, comprehensive insurance, we ve been treated for free with NHS nd i even have exemption Nhs.

thank you for your help
You can apply straight for BC. The AN form has a section for EEA nationals and their family member. It's not different from the EEA4 form. You (non-EU) don't earn the PR by your own rights. It's only obtained by having the EEA national exercising treaty rights for 5 years. Once this is obtained, you status in the UK is not dependant on your EEA sponsor any more. By the sounds of it, your wife already have a PR status (although not confirmed by the HO).

treaty rights as self sufficient

Posted: Tue Aug 16, 2011 8:43 am
by comfused
i went thru EE4 form and in section 6 it says:

6.2 If your EEA national family member did not exercise Treaty rights for some or all of this period but were supported by the employment or funds of a family member, or if there are any other periods of time not accounted for in the above table, please give details below. Continue on a separate sheet if necessary and enclose it with this form.

for my understanding i am considered as her family (spouse) member and i support her by my funds.

SECTION 10 DOCUMENTS:
For time spent as economically self-sufficient: this must include evidence of comprehensive sickness insurance for your EEA national family member and any family members included in your application (see section below on comprehensive sickness insurance) and of funds to show your EEA national family member is economically self-sufficient, e.g. a bank statement. If these funds come from another family member, evidence of their employment or funds should be supplied.

Posted: Tue Aug 16, 2011 9:51 am
by Kitty
If your wife has been here for 22 years, was she ever working, self-employed or studying during that period? Does she have any documentation of her own confirming PR?

If you can show that she got PR at some point during her stay, then she doesn't need to show health insurance after that.

Posted: Wed Aug 24, 2011 10:21 pm
by comfused
she has never worked coz she needs to care of her son instead of paying a child minder, so ive been working hard to provide for her and for her needs.
section 6.2 sates that i can explain why my eea wife couldnt work.