URGENT HELP EEA FAMILY MEMBER CITIZENSHIP

nerooo · Post by **nerooo** » Thu May 10, 2012 2:55 am

hi, i have been in the uk since 1 apr 2006 (married)as EEA family member,the PR confirmation has been issued on my passport on 28 jun 2011,i have been told that i can apply for BC since 1 april 2012 as i don't want wait till 28 jun 2012 for some circumstances,i have seen the application form but seems very complicated THE Question 2.4 asking for treaty right do i need to put my wife s document for the first 5 years and what kind of documents i should supply,pls note that i am on benefit now as i have been made redundant,my wife has been working since 2005 i have her p 60 s and bills together till the last 5 months we only have individual bank statements showing the same address.any advice would be very helpful and great full.thanks in advance.

Post by **Jambo** » Thu May 10, 2012 6:19 am

The section about EEA treaty rights in the form (Q2.4-2.6) is basically similar to form EEA3/EEA4 which you used for your PR confirmation.

If you don't wait to the end of June, you will need to provide similar evidence you provided for the EEA4 application namely - your EEA partner passport, P60s, evidence of your wife's and your residence during that period etc.

The fact that you are now on benefits has no affect on your application as you are allowed to have benefits (as you have PR).

28 June is not so far away. My advice to you is to wait. Would make your application much simpler. Why don't you want to wait? You can make appointment now for NCS and ask them to post the application on the 28 June if this is more convenient for you. The only two restrictions are that you need to be in the UK when the HO receives the application and you had to be in the UK 5 years before the HO receives the application (i.e. in 2007).

AlexS · Post by **AlexS** » Thu May 10, 2012 10:28 am

Your case is similar to mine, with the documentation I sent I got approval recently, although after a long time due to letters being sent to incorrect address, but that's a different story.

If you still want to apply now, you need to send all your wife documents, EEA passport, P60, and bank statements from both of you that show that you live at the same address, In my case I also sent tenancy agreements signed by both of us, but I'm not sure if that's necessary.

But as Jambo said, if you wait until end of June it'll be a simpler, and probably a much straightforward case that gets approved sooner.

nerooo · Post by **nerooo** » Thu May 10, 2012 4:14 pm

hi thanks for the info,the reason why i don't want wait is because if i do it on the ground of PR then it all be due on the 28th june 2012 as i am going away on the 1th july for my sister wedding so i am really struggling what to do, and also i only have my bank statement on the same address as my wife s statement as well, as we no longer have shared account so i don't know if this is enough to show them evidence that we are in the same address.

Post by **Jambo** » Thu May 10, 2012 4:44 pm

You can apply when you are back from the wedding.

Or talk to NCS and see if they are willing to accept your application. They normally require you not to travel in the 5 days after the appointment but this is just extra measurement in case the post is not delivered on time. You can have an appointment on the 27th June and have NCS send the application using a next day special delivery (most of them are doing that anyway).

If you apply 12 months after PR, there is no need for bank statements.
If the bank statements were good enough for your PR application, it should be good enough for a BC application (only required if less than 12 months since PR sticker date).

nerooo · Post by **nerooo** » Fri May 11, 2012 1:58 am

do you reckon i can travel just one day after the HO receive my application form? so if this is the case then i ll ask to be sent on the 28th jun by the day after special delivery as i have got the plane ticket on the 1 july.just confusing me how they count it, the day when is been received or when they issue the acknowledge letter.

Post by **Jambo** » Fri May 11, 2012 6:56 am

It's the day the HO receives the application that counts. As I said, you will need to speak with NCS as they normally ask the applicant not to travel for 5 days after the appointment.

nerooo · Post by **nerooo** » Mon May 14, 2012 5:40 pm

just to update you, i have spoken to the NCS and i have booked an appointment on the 27th june on the ground of 12 months PR so basically they are happy to send the application on the same day so can be delivered before i leave the country on the 1th jul. DO I NEED TO FILL UP Q2.4 AND 2.5 EVEN IF IM EEA FAMILY MAMBER BUT IM APPLYING ON THE GROUND OF 12 MONTHS PR THAT WAS ISSUED ON 28TH JUNE 2011? AND ALSO DO I NEED LOTS OF DOCUMENTS TO PROOVE THAT I HAVE BEEN IN THE COUNTRY IN THE LAST 5 YEARS EVEN I WAS ISSUED PR STAMP LAST YEAR? THANKS A LOTS.

Post by **Jambo** » Mon May 14, 2012 6:09 pm

* No need to fill in sections 2.4-2.6 as you apply on your own merit.
* If your passport has been stamped on entries (legally it should not as you are a EEA family member but the IO tend to ignore that), then the passport with entry stamps is enough. Otherwise, you will to provide residence evidence.
* No need to shout (use of upper case is considered shouting).

nerooo · Post by **nerooo** » Mon May 14, 2012 8:07 pm

thanks again Jambo i really appreciate your help, i found out that my passport wasn't stamped every entry , sometimes they stamp it and sometimes they don't ,is really worrying me now, so what evidence do i need to provide to satisfy them that i ve been in the country for last years? .....oh is annoying.......

Post by **Jambo** » Mon May 14, 2012 9:00 pm

Do you work? Passport + some P60 would be OK. Otherwise, some utility bills. For naturalisation, the HO is not so strict on supporting evidence as they are for settlement as they can conduct their own checks.

nerooo · Post by **nerooo** » Mon May 14, 2012 11:45 pm

well I'm not working for the last year as I'm on job seekers allowance,as i can manage to get some utility bills for the 1 four years.[/list]

nerooo · Post by **nerooo** » Wed May 16, 2012 1:04 am

i hope someone can highlight this point, i have appointment with NCS next month the only worry i have actually is that i had one penalty charge notice few month ago from the council that i have parked my car in restriction area which was paid after 3 days of notice, today i have received 2 PENALTY CHARGE NOTICE from the council again that i was driving on the bus lane, and i m about to pay them off.the question is do i need to declare them on the BC form? and i have no point on my driving licence as i have heard that as long as they are not fixed penalty charge i shouldn't mention them is that correct? thanks.

Eastender14 · Post by **Eastender14** » Wed May 16, 2012 2:05 pm

nerooo wrote:i hope someone can highlight this point, i have appointment with NCS next month the only worry i have actually is that i had one penalty charge notice few month ago from the council that i have parked my car in restriction area which was paid after 3 days of notice, today i have received 2 PENALTY CHARGE NOTICE from the council again that i was driving on the bus lane, and i m about to pay them off.the question is do i need to declare them on the BC form? and i have no point on my driving licence as i have heard that as long as they are not fixed penalty charge i shouldn't mention them is that correct? thanks.

That is correct. No disclosure required for fixed penalty. I did not disclose mine too which was for parking in restriced area.

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URGENT HELP EEA FAMILY MEMBER CITIZENSHIP

URGENT HELP EEA FAMILY MEMBER CITIZENSHIP