EEA naturalisation, 6 years residence, help needed

[Alex Odata]

Hi everyone,

I’m in pretty urgent need to understand my immigration future on this wonderful sunny island and will be very grateful to those who could spare their time to share knowledge or experience with me.

I'm a non-EU national, who:

- Married an EU national in May 2008.

- Separated (but haven't divorced) her in December 2012.

- Worked continuously as self-employed from April 2009, now working as employed starting from May 2013.

- EU had a pretty messy career with quite a few gaps in her treaty right exercising, working in average 5-6 months yearly only.

1. Am I right optimistically thinking that I can potentially apply for UK naturalization in May 2014 (6 years from the date of our marriage)? Fingers crossed I will pass that monster Life in the UK test

2. Can I skip EEA4 / Permanent Residence application - I don't have any probs travelling or confirming my eligibility for work and stay here.

3. When reading the nationality application form, part "Supporting Documents" in the end, I noticed in Section 4 that they actually ask for a proof of "relevant EEA exercising treaty rights in the last 5 years” – unless I had PR. UPS! I was previously convinced that I would only need this proff if applying for PR but not after 6 years. Is this proof absolutely inevitable? If she didn't work continuously in the last 5 years would I never be able to naturalize?

4. If I get divorced in the meanwhile, would it complicate anything?

5. Is there any other potential pitfalls?

Sorry for not sharing personal side of the marriage as many on this forum do, I can't see how it could really add much value to my questions

Looking forward to your comments and sincerely thank everyone very much in advance.

[Jambo]

* You need PR status for naturalisation (although a PR Confirmation following EEA4 application is not required).
* Your PR would depend on the EEA national activities (exercising treaty rights).
* If the EEA national is not working, CSI (private health insurance) is required for those periods in order to be considered self sufficient (living off savings/spouse earnings).

Unless you had CSI, it is unlikely you will be able to apply successfully for BC as you will not have PR status.

[Alex Odata]

Thanks Jambo!

She didn't have CSI when wasn't working.

Would divorce and applying for the retention of right make any difference at all?

* You need PR status for naturalisation (although a PR Confirmation following EEA4 application is not required).
* Your PR would depend on the EEA national activities (exercising treaty rights).
* If the EEA national is not working, CSI (private health insurance) is required for those periods in order to be considered self sufficient (living off savings/spouse earnings).

Unless you had CSI, it is unlikely you will be able to apply successfully for BC as you will not have PR status.

[Jambo]

It won't fix the past. It would be simpler / cheaper(?) to get CSI now than to divorce...

What was the reason for the patchy employment? Were she looking for employment in between?

Did she live the UK (and exercised treaty rights) before marriage? Her PR years don't need to match yours.

[Alex Odata]

We will be getting divorced in any case, earlier or later, so if retention could make any difference, I would go for it.

Would it help to get CSI now?

The reason for patchy employment was mainly her working on short-term contracts and travelling / non-paid work (writing) in between; she wasn't looking for a new job all the time she wasn't working, she has never been to Job Center.

She did work in the UK before we met, but her residence permit was received only a few months earlier than mine as we made a joint application.

I wonder what people in a situation similar to mine do (when they remain married)? Do they just apply for another 5 year permit? It just looks like no win situation…

It won't fix the past. It would be simpler / cheaper(?) to get CSI now than to divorce...

What was the reason for the patchy employment? Were she looking for employment in between?

Did she live the UK (and exercised treaty rights) before marriage? Her PR years don't need to match yours.

[Jambo]

If retaining rights, then the activities of the non EEA national count from the divorce but for period before the divorce it's the EEA national that count.

CSI now would just mean that your new 5 years could start now (not when a new card is issued). Also if she still doesn't work, you both will need CSI if you wish to retain rights (so she exercise rights before the divorce).

Did she travel abroad? She is not required to exercise treaty rights while abroad and as long as her absences are less than 6 months a year it has no affect on the residency.

You are not the first one to discover that the EEA regulations have some conditions. A new 5 years is always an option.

Assuming she is not from A8 country (the new joiners in 2004), then her time for PR started when started working. Not when her (optional) card was issued.

[Alex Odata]

Great, thank you so much for the advice, will be getting CSI asap.

Yes, she travelled abroad but never for more than 6 months and didn't work there. Will need to check when exactly did she start working and also put together all her activity in the UK, it might work out in the end...

I have stayed in the UK for more than 7 years now (first on student visa) - is there an option for me to apply on the ground of 10 years residence when the time comes?

In the Long Residence and Private Life Guidance they say:

Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration rules for:

- Third country nationals who have spent time in the UK as: the spouse, civil partner of an EU.

And a few sentences later they add:

However, you must apply discretion and count time spent in the UK as lawful residence for family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if they meet all the other requirements for long residence.

This is really puzzling! Do you know if someone ever qualified for this after living under EEA?

If retaining rights, then the activities of the non EEA national count from the divorce but for period before the divorce it's the EEA national that count.

CSI now would just mean that your new 5 years could start now (not when a new card is issued). Also if she still doesn't work, you both will need CSI if you wish to retain rights (so she exercise rights before the divorce).

Did she travel abroad? She is not required to exercise treaty rights while abroad and as long as her absences are less than 6 months a year it has no affect on the residency.

You are not the first one to discover that the EEA regulations have some conditions. A new 5 years is always an option.

Assuming she is not from A8 country (the new joiners in 2004), then her time for PR started when started working. Not when her (optional) card was issued.

[Jambo]

This is possible to count years under EEA route for 10 long residence but those years need to be in accordance with the EEA regulations ("lawful stay") so it doesn't really help you.

Try to check her travel dates. Small gaps between activities are normally allowed. If she travelled for several months, returned to the UK, had one month break (job seeking) and a few months of work, then that whole period would probably be considered in accordance with the regulations.

[Alex Odata]

Will do the maths and come back here if any questions!

Thank you so much Jambo!

This is possible to count years under EEA route for 10 long residence but those years need to be in accordance with the EEA regulations ("lawful stay") so it doesn't really help you.

Try to check her travel dates. Small gaps between activities are normally allowed. If she travelled for several months, returned to the UK, had one month break (job seeking) and a few months of work, then that whole period would probably be considered in accordance with the regulations.