EEA3 or EEA4 .. change of nationality?

[wk2128]

Hi all, was just wondering if someone has come across a bit rather complex case like mine. Being previously a non-EU national I have lived with my EU wife since Aug 2008 in the UK holding a RC while she holds a Registration Certificate having been exercising her treaty rights.

We had lived in my wife's EEA home country where I applied for that country's citizenship as I met their criteria at the time before relocating to England. The process has taken about 5 years, and more recently I was informed I have been granted that nationality ! So basically I become an EU national now.

I'm keen to apply for the permanent residence and subsequently citizenship in the UK and was confused whether I should use the EEA3 or EEA4. I would have to show wife's being exercising treaty rights throughout the five years should I chose to use the EEA3. I think technically this would be slightly more difficult for me as I have been working continuously for the whole five years and supporting her financially. She had worked, finished some courses and spent some time as self-sufficient in the given period, which means we will need to show some sort of private heath insurance for the time she spent out of work. Obviously the whole process would be more straightforward should I apply as the EU national because five P60(s) would be all what is required !

Now why would a I need another EU nationality? Simply because I'd like to reside in this country and given the uncertainty in the political atmosphere with Europe the UK government may restrict the EU nationals free of movement rules after the proposed referendum should the tories won the next elections.

Apologies for the lengthy post.

[wk2128]

Any replies?

[Directive/2004/38/EC]

When did you move to the UK with your wife?
When did you become a citizen of the EU member state?

You seem to be in a hurry for an answer. Relax and let people see your post.

[fysicus]

I would use the EEA3 form in your case, and do not mention anything about your past as a non-EEA citizen (the form does not have any provisions for that anyway). There is of course a slight possibility that UKBA does proper checks and finds out that you need CSI for part of the five years.

I have said many times before that I do not see any reason for an EU national to become BC. It is a costly and lenghty procedure, and I do not see any benefit that would justify it. And fear for what might or might not happen in the future is usually a bad guide. In the worst case, should the UK decide to leave the EU, they would want to remain in the EEA and therefore all free-movement rules remain in force. If they would be so silly to leave the EEA as well, then there is still the practical impossibility to deal with a million or so EEA citizens living here. It's more likely that they all get granted ILR automatically as a transitional measure.

FYI: I am an EU national myself, and have lived in the UK for over 15 years now. I have never felt even the slightest inclination to apply for British Citizenship.

[EUsmileWEallsmile]

Yours is an interesting case indeed. Being an EU citizen, you would use the EEA3 form.

In order to achieve PR, you will have needed to have lived in the UK in accordance with the regulations for the prescribed period, generally five years. Prior to becoming an EU citizen, you will have been reliant on your family member's treaty rights. If your family member would qualify for PR, then you would.

That all said, with EU nationality in the bag already, PR should be pretty unimportant.