Applied before 6years period -

[Mouradnm]

Hi All
Please help if you can.

I recently applied for british citizenship on the basis that I have lived in the UK for a continuous period of 5 years. During these 5 years, I lived and worked as a family member of an eu citizen settled in the UK.

I have been granted PR on the 3rd of November 2011, I was aware that I had to wait until I have 1 year on my PR, but stupidly I applied without prior legal advice.

1- Will I lose the fees already paid (£851), if UKBA says it's not the time to apply yet?
2- In the application form I explained why I applied earlier, so I talked about the fact I had the time and the money now, and I asked for my application to be considered on the basis that I have legally lived in the uk since Feb 1998, however in 2005 I had to apply for a settlement visa from abroad so I was absent between sep 2005 and aug 2006, I always worked and paid my taxes, I thought that British Citizenship is all about being integrated to the British Life and Society, therefore the overall time I Lived in the UK would count.

Please advise.
Thanks

[Jambo]

You might be OK but that depends on your immigration history.

When you say you have been granted PR in November 2011, was this following a EEA4 application?

The settlement visa you refer to was that an EEA Family Permit ? or was it as a child of a settled person in the UK?

When you entered the UK in 2006 were you married to a EEA national who was exercising treaty rights in the UK?

Did you fill in section 2.4-2.6 (EEA treaty rights) in the application form?

[Mouradnm]

Thanks for your reply.
Please see answers below.

When you say you have been granted PR in November 2011, was this following a EEA4 application?

-Yes

The settlement visa you refer to was that an EEA Family Permit ? or was it as a child of a settled person in the UK?

-Family Permit

When you entered the UK in 2006 were you married to a EEA national who was exercising treaty rights in the UK?

-I re-entered with my wife, but she wasn't living in the uk yet.

Did you fill in section 2.4-2.6 (EEA treaty rights) in the application form?

- Filled in Sections 2.4 and 2.5.

Thanks

[Jambo]

How did you wife exercise treaty right? When did she start exercising treaty rights?

The earliest you have obtained PR was in August 2011 (5 years after you entered the UK) assuming she started exercising treaty right then.

The date on the PR sticker (November) is irrelevant. It just confirms that you had PR in November but this could have obtained earlier as it is obtained automatically after 5 years of exercising treaty rights.

This means that you should have applied in August 2012 for BC (12 months after PR). The CW might apply discretion for the 12 months period for example if by the time he consider the application 12 months have passed so in your case, you should hope the long delays everyone else is complaining about would help you. Maybe the HO will write to you asking for more evidence, that would also delay your application.

Most chances are for your application to be refused unless the CW would apply discretion to waive the 12 months requirements.

You will need to wait and see.

[Mouradnm]

Thanks for your advice, your help is very appreciated.
Yes, you're right in the end I can't pull out now, so I have no choice but to wait, especially that I received a letter from HO this morning to confirm payment of £851 was taken...
Thanks again.

Ps: great forum. Will update the post no matter what HO decision will be.

[friendinneed]

If you are unsuccessful because of applying too early you get a small proportion of the monies back which represent the portion of the fee for the ceremony

Hopefully you will get away with it but you dont really need "legal advice" as much to simply read the rules on the UKBA website which are, surprisingly, fairly clearly written.

[Mouradnm]

....The CW might apply discretion for the 12 months period for example if by the time he consider the application 12 months have passed so in your case, you should hope the long delays everyone else is complaining about would help you....

Hi All

#Just a quick update:#I have not yet heard from immigration. I called them once and asked for my passport to be returned as it needed renewing, I got it back no problems, they also returned originals of the supporting documents, in their letter they said that I don't need to send them the new passport, however if they need it then they will just contact me directly.

What do you think?

cheers

[Jambo]

When did you receive the documents? Normally this indicates the HO is ready to make a decision but in your case, the caseworker might have delayed that so he can apply discretion and approve your case as you qualified in August.

[Mouradnm]

...

[Mouradnm]

When did you receive the documents? Normally this indicates the HO is ready to make a decision but in your case, the caseworker might have delayed that so he can apply discretion and approve your case as you qualified in August.

Hi Jambo
Thanks for your reply.

I Received the returned documents in Mid of July (around 14th), so it's been quiet a while. Hope you're right. tnx