permanent residence/naturalisation for non EEA family member

[juso73]

Dear All,

I hope some of you can help us with our query regarding permanent residence and naturalisation for a non EEA family member. I have read all other posts but couldnd't find a clear answer to my question re: difference ILR and permanent residence in relation to naturalisation so hope you are able to clarify things for me. The border agency pages are sooo unclear and we are still unsure what the difference is between ILR and permanent residence and if it is enough to have permanent residence (rather than ILR) when my husband is ready to apply for naturalisation in 12 months. Many thanks!!!

My husband (Brazilian) and I (German) have resided for a continuous period of 5 years in the UK and my husband now wants to apply for permanent residence. Can you please confirm that:

a) He will have to use form EEA 4.

b) I don't have to apply myself for permanent residence but can do so together with my husband filling in form EEA3.

c) He will not have to pass the citizenship test to apply for permanent residence as a family member of an EEA national (myself), only when he decides to apply for naturalisation.

d) Application for permanent residence a an EEA family member is free.

c) He will be able to apply for naturalisation after a further 12 months of permanent residence if he chooses to do so and doesn't need to apply for indefinite leave to remain beforehand.


Many thanks.

[dublin3]

Dear All,

I hope some of you can help us with our query regarding permanent residence and naturalisation for a non EEA family member. I have read all other posts but couldnd't find a clear answer to my question re: difference ILR and permanent residence in relation to naturalisation so hope you are able to clarify things for me. The border agency pages are sooo unclear and we are still unsure what the difference is between ILR and permanent residence and if it is enough to have permanent residence (rather than ILR) when my husband is ready to apply for naturalisation in 12 months. Many thanks!!!

My husband (Brazilian) and I (German) have resided for a continuous period of 5 years in the UK and my husband now wants to apply for permanent residence. Can you please confirm that:

a) He will have to use form EEA 4.

b) I don't have to apply myself for permanent residence but can do so together with my husband filling in form EEA3.

c) He will not have to pass the citizenship test to apply for permanent residence as a family member of an EEA national (myself), only when he decides to apply for naturalisation.

d) Application for permanent residence a an EEA family member is free.

c) He will be able to apply for naturalisation after a further 12 months of permanent residence if he chooses to do so and doesn't need to apply for indefinite leave to remain beforehand.


Many thanks.

Yes he needs to fill form EEA4
and if you want to apply for permanent residence then you need form EEA 3
He doesn't have to pass any test for permanent residence but I am not sure for naturalization.
He doesn't have to apply for indefinite leave to remain after permanent residence he can apply for Naturalization.
and I think the only difference is permanent residence is free and for indefinite leave to remain you have to pay more then 500 I am not sure .
I hope I have answered your question but if I couldn't then someone else will help you for sure.

[kashyme]

a) Yes he will have to use form EEA4

b) yes

c) no test needed for PR , but for naturalisation he should pass it.

d) yes it is free

e) he can apply for naturalisation after acquiring PR status and keeping it for 1 year , for euorpean nationals and their families the term "permanent residence" is used not ILR nor they apply for it.

[juso73]

Fantastic - thanks so much for the quick responses!! Another question: do we have to wait exactly until the date we have been here for 5 years (in two weeks time) or can we already apply now?

The reason why we are rushing is that I am pregnant and our daughter is due to be born on 31/01/2010 and we thought it would be good if we laready had permanent residence beforehand. Would you know what difference that woudl make to her status in case we would want to apply for a passport for her once my husband got his? Many thanks again!! Lovely forum!!

[Plum70]

Provided that you and your husband have been married, have resided in the UK and have exercised treaty rights as stipulated in the EU regulations, then you and your husband automatically attains PR after 5 years of fulfilling the aforementioned conditions.

You should lodge the EEA4 application (and EEA3 for you, if you wish) closer to the 5-year period (say 3 days before); this way you can be sure that your application will not be returned by the UKBA.

Unless the operational chaos in the UKBA has been mopped up, I do not think that your husband's PR confirmation will come through in time for your daughter's birth by January end.

Nonetheless, you can easily register your child as a British citizen once you or your husband get confirmation of your PR status. This may be easier than trying to convince the nationality directorate of your child's eligibility for British Citizenship by virtue of your automatic rights to PR (after 5 years) w/out adequate documentation from the UKBA to back it.

Makes sense I hope.

[juso73]

Many thanks, Plum70, that certainly makes sense and is good news! I didn't know that we can already register our daughter as a British citizen as soon as we have permanent residence. Could you tell me how we need to proceed in order to do that?

Also I have started sorting my papers and while I have all supporting evidence for the last three years of employment (P 60s and most payslips) when I have been employed by a government agency I miss quite a few things for the employment I held before (hotel - 2 years).

I only have a copy of my first P60 (not original), am missing the second P60 and the final P45 - plus a number of payslips (I have payslips for Dec 04 - June 05 as well as April 06 - Sep 06 and Dec 06, but am missing July 05 - March 06 and Oct/Nov 06). I have bank statements for the whole time to back up that I continuously received money from the hotel and can get my former manager to confirm that I was in continuous employment with them for the whole time.

Do people think this will be enough evidence for the UKBA? Their guidance on what eactly they require is a bit vague.

Your advice would be much appreciated!!

[asher1979]

Hi guys,

I have sent my EEA4 application together with my ex partner back in Feb however my ex partner was issued with his PR. I was told that I had to wait longer as I was not a EEA national. I have sent several complaints but still no luck. I am tired of calling them every week. So I sent an application for naturalisation instead even though I would have qualify to apply for naturalisation only in may 2010- In adtion to P60s and ID's I have also sent relalavent evidence to disregard the last 12 months of their residential qualifying period such as letter from work as I have to travel regularly for my work and my 11 year residence in this country and docucuments to prove that I have a house here in the UK ect through Nationality checking services - they told me that its their (nationlity team ) discretion we cannot guarantee the application will be successful.

Good news is that nationality direct have charged me debit card last week

My question is

Has any one experienced where you have been charged by the nationality team but still got rejected for some reason? or do they go through the application before they charge the card? As I did tick the correct box's

Another strange thing is the reference number the for naturalisation is same as the EEA4 application (PR application) reference number with a 2 in the end for example ( XXX/ 2)does it mean they not going to consider my naturalisation application until PR was issued
I would love to hear your thoughts even if you have not had similar situation as what this means? Thanks

Dear All,

I hope some of you can help us with our query regarding permanent residence and naturalisation for a non EEA family member. I have read all other posts but couldnd't find a clear answer to my question re: difference ILR and permanent residence in relation to naturalisation so hope you are able to clarify things for me. The border agency pages are sooo unclear and we are still unsure what the difference is between ILR and permanent residence and if it is enough to have permanent residence (rather than ILR) when my husband is ready to apply for naturalisation in 12 months. Many thanks!!!

My husband (Brazilian) and I (German) have resided for a continuous period of 5 years in the UK and my husband now wants to apply for permanent residence. Can you please confirm that:

a) He will have to use form EEA 4.

b) I don't have to apply myself for permanent residence but can do so together with my husband filling in form EEA3.

c) He will not have to pass the citizenship test to apply for permanent residence as a family member of an EEA national (myself), only when he decides to apply for naturalisation.

d) Application for permanent residence a an EEA family member is free.

c) He will be able to apply for naturalisation after a further 12 months of permanent residence if he chooses to do so and doesn't need to apply for indefinite leave to remain beforehand.


Many thanks.

[keshgrover]

Hi guys,

I have sent my EEA4 application together with my ex partner back in Feb however my ex partner was issued with his PR. I was told that I had to wait longer as I was not a EEA national. I have sent several complaints but still no luck. I am tired of calling them every week. So I sent an application for naturalisation instead even though I would have qualify to apply for naturalisation only in may 2010- In adtion to P60s and ID's I have also sent relalavent evidence to disregard the last 12 months of their residential qualifying period such as letter from work as I have to travel regularly for my work and my 11 year residence in this country and docucuments to prove that I have a house here in the UK ect through Nationality checking services - they told me that its their (nationlity team ) discretion we cannot guarantee the application will be successful.

Good news is that nationality direct have charged me debit card last week

My question is

Has any one experienced where you have been charged by the nationality team but still got rejected for some reason? or do they go through the application before they charge the card? As I did tick the correct box's

Another strange thing is the reference number the for naturalisation is same as the EEA4 application (PR application) reference number with a 2 in the end for example ( XXX/ 2)does it mean they not going to consider my naturalisation application until PR was issued
I would love to hear your thoughts even if you have not had similar situation as what this means? Thanks

Dear All,

I hope some of you can help us with our query regarding permanent residence and naturalisation for a non EEA family member. I have read all other posts but couldnd't find a clear answer to my question re: difference ILR and permanent residence in relation to naturalisation so hope you are able to clarify things for me. The border agency pages are sooo unclear and we are still unsure what the difference is between ILR and permanent residence and if it is enough to have permanent residence (rather than ILR) when my husband is ready to apply for naturalisation in 12 months. Many thanks!!!

My husband (Brazilian) and I (German) have resided for a continuous period of 5 years in the UK and my husband now wants to apply for permanent residence. Can you please confirm that:

a) He will have to use form EEA 4.

b) I don't have to apply myself for permanent residence but can do so together with my husband filling in form EEA3.

c) He will not have to pass the citizenship test to apply for permanent residence as a family member of an EEA national (myself), only when he decides to apply for naturalisation.

d) Application for permanent residence a an EEA family member is free.

c) He will be able to apply for naturalisation after a further 12 months of permanent residence if he chooses to do so and doesn't need to apply for indefinite leave to remain beforehand.


Many thanks.

Asher your query has been answered in another thread already.

With OP as long as you can prove that you have exercised your treaty rights for five years in the country and you have been in the country physically for the period of five years then you do not have to register your child with UKBA. Child will be british by birth. So just apply for British Passport. If you have not completed five years yet and baby is born before that period then you have to register the baby using form MN1 once your completed that period but it is not a legal requirement for either of you to obtain PR stamp on your passports as it merely confirms your rights which you have already obtained using your treaty rights in accordance with Directive2004/36.

Hope it clearifies all.

[juso73]

Many thanks, that certainly answers my question!