EEA4 --> BC...confirmation of requirements

[anp]

So, in reality, the PR will serve as proof without additional documentation. I got the wrong idea from the previous posts. Cheers Jambo.

[jotter]

So, in reality, the PR will serve as proof without additional documentation. I got the wrong idea from the previous posts. Cheers Jambo.

Yep. As Jambo said, though, while PR will serve as proof of the 5 years without additional documentation for that period, you will still need to:
1. Provide treaty rights documentation covering the period between when you submitted your EEA4 application and now.
2. List your UK absences in the application and ensure that you've met the requirement there for BC, which is different to the requirement for PR in that respect.

[Jambo]

Yep. As Jambo said, though, while PR will serve as proof of the 5 years without additional documentation for that period

I didn't say that.

I said that to prove 5 years of residence, passports (and not the PR vignette), which cover the 5 years, can be used as evidence. The PR vignette is used to prove that you have been free from immigration control for at least 12 months.

, you will still need to:
1. Provide treaty rights documentation covering the period between when you submitted your EEA4 application and now.

No you don't. Once PR is obtained, there is no need to exercise treaty rights or to prove that.

2. List your UK absences in the application and ensure that you've met the requirement there for BC, which is different to the requirement for PR in that respect.

True.

[anp]

Jambo. I dont quite get it. Doesn't the PR prove that one's status has already been confirmed? My residence card (the first one) is on my old passport. Are you saying that if I submit my old passport and the new one with the PR on it I won't need to provide any other proof certifying those initial 5 years? Please ellaborate.

[sarwar74]

anp if you apply one years later from date on pr you dont need give any proof for last 6 years .
on 1 page from (AN) form say want to give us proof for last 5 year address its mean if you live in one address since 2007 or 2008 you have send one proof just say like bill to cover that 5 year if more then 1 adress then you have to send proof for 2 address lets say from march 2008 to march 2012 froof for one address and then from murch 2012 till time to apply proof for other address that is all mate .

[sarwar74]

ok i need some help as well . im married on 06.06.2007 and apply for pr on 11.06.2012 im still waitingfor home office to issue . want to ask that. can i apply for BC on 10.06.2013 on that time would be 6 years since i married

[jotter]

Yep. As Jambo said, though, while PR will serve as proof of the 5 years without additional documentation for that period

I didn't say that.

I said that to prove 5 years of residence, passports (and not the PR vignette), which cover the 5 years, can be used as evidence. The PR vignette is used to prove that you have been free from immigration control for at least 12 months.

, you will still need to:
1. Provide treaty rights documentation covering the period between when you submitted your EEA4 application and now.

No you don't. Once PR is obtained, there is no need to exercise treaty rights or to prove that.

2. List your UK absences in the application and ensure that you've met the requirement there for BC, which is different to the requirement for PR in that respect.

True.

I apologise for misquoting you Jambo.
What I said about the PR vignette is not incorrect. In summary the PR vignette and passport both produced at the time of the BC application are enough evidence between them to replace any need to provide treaty rights documentation. So I agree, my comment about needing treaty rights evidence post EEA4 application was also incorrect.

[jotter]

ok i need some help as well . im married on 06.06.2007 and apply for pr on 11.06.2012 im still waitingfor home office to issue . want to ask that. can i apply for BC on 10.06.2013 on that time would be 6 years since i married

Provided the UKBA don't reject your PR application, yes, absolutely you can.

The point is that PR is not acquired when you get your PR vignette. Rather the vignette is proof that you had acquired PR at the time you submitted your EEA4 application (assuming it was an EEA4). PR + 12 months, not vignette + 12 months. Hope that makes sense.

[Jambo]

Jambo. I dont quite get it. Doesn't the PR prove that one's status has already been confirmed? My residence card (the first one) is on my old passport. Are you saying that if I submit my old passport and the new one with the PR on it I won't need to provide any other proof certifying those initial 5 years? Please ellaborate.

Lets start again.

To be eligible to apply for naturalisation the standard requirements need to be met. They included (among other requirements):

(1) Being free from immigration control for at least 12 months prior to application date.
(2) No more than 450 days outside the UK in the 5 years before the application date.
(3) No more than 90 days outside the UK in the 1 year before the application date.

Assuming you apply on or after 14 September 2013, your PR vignette in your passport would prove point (1).

To prove point (2) & (3), you will need to list in the application form your absences between September 2008-September 2013. As evidence for that list, your passports are enough (a bit pointless as your passport should not get stamped but it is enough for the naturalisation application to establish your presence).

Your PR vignette just confirms your status in September 2012. It doesn’t confirm that you meet the residence requirements (less than 450 days etc) in the period required for naturalisation (September 2008-September 2013). It also doesn’t confirm you meet the requirement as it is possible to obtain PR under EEA regulations by only spending 6 months in the UK every year for 5 years (and exercising treaty rights during those months) but that would not be enough to meet the requirements for naturalisation (as it would be more than 450 days in 5 years).

The evidence required for naturalisation to prove residence is not similar to evidence required for EEA4 applications. EEA4 applications require utility bills, bank statements etc. For naturalisation, the evidence required is much simpler (don’t ask why). So if you provide your current and old passports to cover the 5 years that is enough to prove residence for naturalisation. No additional document is required.

[Jambo]

anp if you apply one years later from date on pr you dont need give any proof for last 6 years .
on 1 page from (AN) form say want to give us proof for last 5 year address its mean if you live in one address since 2007 or 2008 you have send one proof just say like bill to cover that 5 year if more then 1 adress then you have to send proof for 2 address lets say from march 2008 to march 2012 froof for one address and then from murch 2012 till time to apply proof for other address that is all mate .

There is no need to prove the addresses you list in the application form.

You don't need to send utility bills with naturalisation applications (if you have PR confirmation for 1 year already).

[Jambo]

ok i need some help as well . im married on 06.06.2007 and apply for pr on 11.06.2012 im still waitingfor home office to issue . want to ask that. can i apply for BC on 10.06.2013 on that time would be 6 years since i married

The two dates don't match but assuming 10.6.2013 is 6 years after you have been living in the UK as married, then you can apply. However, you will need to provide the evidence again to prove that your partner have exercised treaty rights between 10.6.2007-10.6.2012 (5 years) which would mean that on 10.6.2013 you held PR for 1 year.

The reason you need to provide the evidence again is that your PR issue date will not be 1 year old in June 2013 so you can't use it for the naturalisation application (unless you wait for 1 year from issue date).

[sarwar74]

thanks jambo i understan now but if im apply on 10.06.2013 and provide all that info which is i sent with eea4 applicatoin well home offce accept that for Bc or i have to wait for 1 years after stump

[Jambo]

thanks jambo i understan now but if im apply on 10.06.2013 and provide all that info which is i sent with eea4 applicatoin well home offce accept that for Bc or i have to wait for 1 years after stump

You can either:
1. Apply after 6 years with the evidence.
2. Wait one year after issue date. In that case, evidence of exercising treaty rights is not needed.

If for your EEA4 application, you have provided evidence that cover June 2007-June 2012 and you will get the PR confirmation, then you can be relax that the evidence would be accepted again for naturalisation. If your evidence doesn't cover that period or you don't want to risk the £850 application fee, you can wait.

The choice is yours.

[sarwar74]

ok that is great jumbo thanks what about proof for 10.06.2012 till 10.06.2013 do i have to proof any thing for that time

[Jambo]

ok that is great jumbo thanks what about proof for 10.06.2012 till 10.06.2013 do i have to proof any thing for that time

Just residence (i.e. number of days outside the UK) and for that your passport is enough.

[sarwar74]

Thanks very much for that all helpful info well when my pr come back i safe all paper and put some where .

but again i have to send my wife passport ?
and since 2007 im way just about 80 days in total out of 450days

and from 10.07.2012 im out of work because of my sickness its well be problem at all but my wife she still working

[Jambo]

but again i have to send my wife passport ?

If you don't wait 1 year you need to provide all the evidence again including your wife's passport. However you can make use of NCS which will photocopy your documents so you can keep the originals. (Check the FAQ if you don't know what NCS is).

and from 10.07.2012 im out of work because of my sickness its well be problem at all but my wife she still working

Employment is not a requirement for naturalisation. If your wife already exercised treaty rights for 5 years, then she is not required to exercise treaty rights anymore.

[anp]

Thank you Jambo. You cleared it up so nicely. Bless you.