But I really need help here, maybe someone gone through this route. I've seen a post of one lady did same thing, but she has been unfairly refused then reapplied with more evidences and got her BC. Now I cannot find her post to link it, donno where did I read it. Anyway, please kindly advise me something. My case:Aug 2006 - met my boyfriend (current husband) in London
Feb 2007 - we left UK (he went to Italy, I went to Kazakhstan)
Note: we were both doing short internship in UK
We stayed in touch and spend summer together in Turkey
July 2007 - he proposed, so we decided to live in the UK
August 2007 - he arrived to the UK first, to find flat
November 2007 - I arrived to the UK (under student visa, as it seemed the most convenient visa)
However, at that time to marry we had to receive permission from HO
April 2008 - we had received our permission
August 2008 - we got married
October 2009 - I have received my 5 year EEA2 visa (I delayed with my application for work/travel reasons)
August 2012 - it was 5 years since my husband exercising treaty rights the UK
November 2012 - it was 5 years since we are living together with EEA national
August 2013 - it will be our 5 year marriage anniversary
Supposedly I receive automatic PR this August (don't need to apply for EEA4) and next year I can apply to British Citizenship
August 2013 - it is 6 years for EEA national to excersice treaty rights
November 2013 - it will 6 years for me to live with my husband EEA national
Does it mean I can apply for naturalization already this year?
I have read recently that I actually had been qualified as family member of EEA national as unmarried partner too (counted as extended family member) even before our marriage. We had 2 years durable relationship prior to marriage.
This year it will be 6 years for my husband since Aug 2008 to reside in the UK exercising treaty rights, and for myself it will be 6 years since I am in the UK this November.
Note: Everywhere in HO website it says that we are EEA family members don't need to apply for EEA4 as it is automatic PR. So I don't need to have it.
Also, I have all the evidences that we start living together with my husband from day one I am in the UK. Marriage was matter of time, because we had to receive their permission first. Also, we have photos together in Turkey 2007 summer when he proposed.
The reason I want to apply this year, is because we want to move somewhere else asap, and I thought I need to qualify to BC first so we will be able to come back later. With PR there is a time restriction (2 years), while with BC there is none.
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Cut and pastes from HO website:
the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and
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If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.
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What is a 'family member'?
If you are an EEA or Swiss national, your non-EEA family members who have the right of residence in the UK are:
your husband, wife or civil partner;
your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
the parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.
(If you are a student, only your husband, wife, or civil partner and dependent children have a right of residence.)
Other relatives - including extended family members such as brothers, sisters and cousins - do not have an automatic right to live in the UK. To be considered, they must be able to show that they are dependent on you.
If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.