Non EEA APplicant: Calculating Time Spent Under EU Treaty

[evej]

Dear All,

I am new to this forum and I need your help.
Please I would like to clarify if I have spent 5 years under the EU Treaty and additional 12 months by July 2013 based on the following:

• I am a Non EEA family member resident with my EEA mum in the UK.
• My mum had been here since February 2006
• She started work in February 2006
• I came to meet her in UK from Germany in July 2007 (we used to live there before).
• I came on a 6 month EEA permit with start date June 2007 and expiry date Dec 2007, as my mum’s dependent
• I started college in the UK in September 2007
• I applied for the 5 year residence card in September 2007 and got a response in June 2008 with a visa for 5 years: June 2008 – June 2013
• Currently I am in the University
• My mum is currently out of work since mid-2012 looking after my disabled brother (Doctor at the hospital mandated her to be giving him full care due to his conditions).

Questions:
• Can I count the period I first came into UK which is July 2007 up till June 2008 before the 5 years visa I was issued as living in the UK under the treaty?
• Would I have spent 5 years under the treaty + 12 months by July 2013?
• Can I make my direct application for the UK citizenship by July 2013?

Thank you

Eve
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[Jambo]

What is important is what your mother did not you.

Did she work for 5 continuous years?

Also - how old are you? If over 21, did you live with your parents during the first 5 years in the UK? If not, are you financially dependant on them?

[evej]

Hi Jambo,

Thanks for the response.

Yes, she has worked for 5 years. She had a break between August 2006 and December 2006 when she was on job seekers but other than that she has worked from January 2006 - February 2012.

I am over 21 but I live with her still except when I am in the university.

Thanks

Eve

[Jambo]

So it seems that your mother has obtained PR status in December 2011 (at the latest) and you have obtained PR status in July 2012 (after 5 years of residence. Time counts from your first entry, not when the RC was issued).

Now, if you wish, you can apply for a PR Confirmation using form EEA4 and evidence of your mother treaty rights.

The advantage of applying for PR Confirmation first is to reduce risk as the application is free. With naturalisation, you lose £850 if refused.

If your mother has worked (as an employee) without any breaks from December 2006-2011, then the risk of refusal (due to treaty rights) if applying directly for BC is small.

Your call.

[evej]

Thanks a lot Jambo.

I will go with your advice and throw the application in early next week.