Help with Citizenship application

[mhdlsd]

I'm about to apply for citizenship and need some help, here's my situation:
-I'm a family member of EEA
- we been married for over 6 years now
- I applied for resident card in july 2007 and after long waiting I received my 5 years RC on sep 2009
-me and my spouse had our PR over 12 months now
-we tried to apply for citizenship as a family but first it was too much to pay as we have two kids and second treaty rights evident for my spouse were not enough as didn't work for the whole time
now I want to apply on my own am I eligible? providing that my qualifying period stars on 1st Oct 2008 which I was still waiting for decision about my application but we were married and have a child and I had my COA.
I've been working four yeas now
can I apply?

[Jambo]

-me and my spouse had our PR over 12 months now
-we tried to apply for citizenship as a family but first it was too much to pay as we have two kids and second treaty rights evident for my spouse were not enough as didn't work for the whole time

Do you mean you have PR Confirmation vignette following a EEA3/4 application? Or that you have automatically obtained PR after 5 years?

You need to have PR status for naturalisation. If there are issues with the PR status (gaps in employment for example), the naturalisation application will fail. What you did is not relevant as the EEA national activities are the ones that are required for PR.

See more in Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

[mhdlsd]

Hi, we both got permanent resident card in July 2012.
as I said we booked appointment for nationality check with our local council office for citizenship application and we had the same supporting documents which we sent with our EEA3 application which include:
payslips from work
maternity leave documents
college documents with insurance documents
but they didn't think its enough! I told them this is the same documents which the home office accepted for our EEA3 application but they were not sure so I didn't want to take the risk as I said it was too much money to risk

[mhdlsd]

in Q5 there is two options for applying
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required

am I eligible to apply if I've held the PR for over 12 months, and I have passed the life in the UK test? even when as I said that I was still waiting for a decision about my EEA1 application at the beginning of my 5 years qualifying period?

[Jambo]

If you already have PR Card for more than 1 year, there is no need to submit evidence of treaty rights again.

You are not the first one to raise a similar issue this week - NCS asking for proof of treaty rights even 1 year after PR. I wonder if this is a change of policy by the HO or (more likely) NCS being over cautious as they are not familiar with EEA regulations.

Just go back to NCS and ask them to call the HO. Tell them to ask the HO why treaty rights evidence is required if PR Card if held for more than 1 year.

[Jambo]

am I eligible to apply if I've held the PR for over 12 months, and I have passed the life in the UK test? even when as I said that I was still waiting for a decision about my EEA1 application at the beginning of my 5 years qualifying period?

Yes. Residence Documentation under EEA Regulations are optional. It doesn't even matter whether you had a RC (following a EEA2 application) or not. Or if you had an application in 2008 or not.

[mhdlsd]

Thank you for your reply, just one more question:
as I said we tried to apply as a family two months ago but because of the confusion with the NCS office we didn't send the application, can I apply using the same application? or I have to fill a new one and get the referee to sign again? my referee signature was done on end of may 2013?

[Jambo]

You can use the same form. I would just print again the declaration page (page 14) and date it with a new date. It's OK to have references 4 months old (upto 6 months is OK).

Make sure that you have been physically present in the UK 5 years before the application is made (i.e. you didn't go on holiday in September/October 2008).

Did you lose the NCS fee for the appointment? Also, if you don't want to apply for children now (to save cost), you can apply for them at a later stage. It doesn't need to be together with your application now.

[mhdlsd]

Yes we lost the NCS fee and I had to book again for myself! my kids have EEA passport for now and they both were born in the UK 2 and 5 years old!
i'll apply for them later.
thank you for your help.

[Jambo]

Yes we lost the NCS fee and I had to book again for myself! my kids have EEA passport for now and they both were born in the UK 2 and 5 years old!
i'll apply for them later.
thank you for your help.

I would complain as the advice given was not correct. You should ask to get this appointment for free!

When was the 2 years old born? Before you completed 5 years in the UK or after?

If after you completed 5 years, he might already be British from birth without the need to apply for it.

[mhdlsd]

my spouse first came to the UK in Oct 2006 and the youngest child was born in may 2011.

[Jambo]

In that case, he is not British from birth and an application to register as BC is required but as I said, this can be done later.

[Derivaz]

my spouse first came to the UK in Oct 2006 and the youngest child was born in may 2011.

mhdlsd / Jambo

Did you guys clarify with the HO if a person with the PR card for longer than a year, also has to provide proof of treaty right?

Cheers

D