NATURALIZATION OF AN EEA FAMILY MEMBER

[Alberto]

I am a EEA citzen (italian) and I have been living in the UK continuosly for more than 18 years . During this time I have ben working studing and csometimes claiming benefits . In September 2007 I married a Jordanian national and we have been married since than. As it is 6 years since we got married we decided to apply for naturalization. As the AN Form on line is dated September 2010 we were not sure if we could use it and there was nobody do give us an answer when we called the Home office contact numbers. So we consulted a lowyer and We were told that because I was studing from september 2007/2006 and I was not exercising treaty rights because I didn't have a private insurance or working partime the application would be rejectec even though it would be only my wife applying which she has been living and working continuosly in the Uk for more that 6 years . My point is: " is it correct that in order for my wife to get a british passaport I need to get it too otherwise she can not get one"? it sound that the success of her application rest entirely on my last 5 years work history . Can anybody tell me if this lawyer is telling me the right thing please ? Thank you very much . Alberto

[Jambo]

Yes and No.

The lawyer was right that what you wife did during her stay is not relevant as it is the activities of the EEA national that matter. He was right that you need to prove you have been exercised treaty right for 5 years and for periods you have been a student, you normally would have needed a private health insurance.

He is wrong that it needs to be the last five years or the same years you wife was living in the UK. If you can prove you have worked for 5 continuous years in the past (or that your father did if you were a minor), you have then automatically obtained PR. PR is not lost unless you are absent from the UK for more than 2 consecutive years.

As this might not be a straight forward case, you might consider applying for PR Confirmation for yourself and your wife (using application form EEA3/EEA4). The application is free and will help to flush out any issues without risking the £850 application fee for naturalisation. The downside is that the current timescales for those application is several months.

In any route you choose, I suggest you attach a cover letter explaining your case as this is not a common one and it might not be clear from your evidence what you are claiming.

I don't think there is a need to use professional service for this.
and yes - the form for naturalisation is from September 2010.

[Alberto]

Thank you very much Jumbo your messagge has been much appreciated . Regards
Alberto