filling AN form

[mizer]

'm non eea citizen come to UK on 2004 clandestinely
-March 2007 get married to my ex wife (eea citizen)
-May 2007 Applied for residence card
-May 2007 received my (COA) allowed me to work
-Received RC on September 2007
-Start work on 2008 till today
-march 2011 retain right of residence after divorce(ROR)
-JULY 2012 received my permanent residence dated Juin 2012

i will apply for BC on Sep 2017 after 10 years from receiving my RC but i still worry about work history
because my first 7 months after been legal person (Sep 2007 to April 2008) i didn't work, my ex wife was supporting me
the Home Office may ask me how did I support myself on that period and may be go farther back and ask about my first 3 years when i was illegal( 2004-2007)
any thought?

[Carling40]

Hi Mizer,
You should be okay to apply for BC in September, as you've worked out. Your economic activity i.e work after you became a family member in sept 2007 till divorce is irrelevant, as your rights came from your EEA sponsor exercising treaty rights not your activity. Being Employed isn't a requirement for naturalisation even though they ask for last 10 yr employment history, this is a mere formality in your case as you've had the right the right to work for the last 10 years so the first 7 months your worried about is no issue.
10 years will have passed by september 2017, so their should be no issues around good character.
NCS if you can and provide only what you need to and not complicate things. i.e Sept 2007-Sept 2017

[Richard W]

Unless there's a period of absence from the UK in 2007, not mentioned above, Mizer became a lawfully resident family member of an EEA national as soon as he married his now ex-wife if she was a 'qualified person' then. However, it's probably better to wait until September, but be on the alert in case permanent residence legally ceases to confer freedom from a time-limit. (At present, there appears to be a looming time-limit of March 2019 or March 2021.)

[mizer]

as your rights came from your EEA sponsor exercising treaty rights not your activity.

Thank you for your reply,it such relieve to know that my first 7 months without work is irrelevant,I forgot about EEA regulation!
I still worry if they will ask me to proof that my EEA sponsor exercising treaty rights on that time!
but I still have her employer letter for the period 2015 to 2011 but none of her pay slips or p60's
do you think is necessary to write cover letter to remind them that i was sponsored from my wife on that period?

Richard wrote:

Unless there's a period of absence from the UK in 2007, not mentioned above

what do you mean exactly?
I don't have any long absence just one month holiday out of the country each year!
but they will ask about a period of absence from the UK only the last 5 years(absence on 2007 is irrelevant).

but be on the alert in case permanent residence legally ceases to confer freedom from a time-limit. (At present, there appears to be a looming time-limit of March 2019 or March 2021.)

what have to do with me!!!!?
can you explain it please.

[Richard W]

I still worry if they will ask me to proof that my EEA sponsor exercising treaty rights on that time!
but I still have her employer letter for the period 2015 to 2011 but none of her pay slips or p60's
do you think is necessary to write cover letter to remind them that i was sponsored from my wife on that period?

I think the critical point is that the HO concedes that you had achieved permanent residence by some time in June 2012, which normally implies lawful residence under the EEA regulations from June 2007. Whether lawful residence started in March or June is irrelevant, as it is now July 2017.

Unless there's a period of absence from the UK in 2007, not mentioned above

what do you mean exactly?

I couldn't be certain from your time line that your wife was a qualified person and that you were, bar permissible absences, in the UK from the date of your marriage. However, looking at the date of your admitted acquisition of PR, there are no issues.

I don't have any long absence just one month holiday out of the country each year!
but they will ask about a period of absence from the UK only the last 5 years(absence on 2007 is irrelevant).

It wasn't irrelevant for when you achieved PR and for when you were lawfully resident.

If you have your all the documents needed, you can apply for citizenship now. On the basis of the facts presented here, you can't be rejected for having been an illegal immigrant.

but be on the alert in case permanent residence legally ceases to confer freedom from a time-limit. (At present, there appears to be a looming time-limit of March 2019 or March 2021.)

what have to do with me!!!!?
can you explain it please.

To qualify for naturalisation, there must be no time limit on how long you may remain in the UK. You are to be regarded as a person with no time limit on your stay because you are a permanent resident under the EEA Regulations Schedule 3 Regulation 2(1). However, the current proposal is for permanent residence to cease to have any legal significance by the end of March 2019 (Brexit), or just possibly March 2021 (period of grace). If you took no action, your right to be in the UK would expire at the latter time at the latest, so it is not actually true that there is no limit on your stay! At some point, the EEA Regulations might be amended to remove this anomaly.

[Dapson]

@Richard W.. are you now telling mizer or those with permanent residence acquired by retain right or what so ever that they will have to be drag out of Uk for being having any leave to stay after march 2019 or after what so ever Grace period ? I bet to disagree with you on this.. the only thing I think my happen is to tell them to apply aswell for what so ever settle status they are talking about .. not telling them they are illegal migrant

[Richard W]

@Richard W.. are you now telling mizer or those with permanent residence acquired by retain right or what so ever that they will have to be drag out of Uk for being having any leave to stay after march 2019 or after what so ever Grace period ? I bet to disagree with you on this.. the only thing I think my happen is to tell them to apply aswell for what so ever settle status they are talking about .. not telling them they are illegal migrant

Well, it depends on exactly what get implemented, and I have no idea how humane the treatment of formal overstayers will be. In the case of those who obtained PR by virtue of a retained right of residence, there is the ominous looking

A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.

As the new settled status and its precursor are only open to family members of EU citizens, it's entirely possible that such people will be left with no legal status directly available. I'm not sure what can be done with the right to a private life, if the residents of the UK still have such a right.

A mildly reassuring precedent is the McCarthy transitional arrangement, for those who had previously actually benefited at a date in 2012 in a documented manner from the UK's giving dual nationals the privileges of "EEA citizens". This transitional arrangement vanished when the Immigration (EEA) Regulations 2016 were introduced. However, the arrangement was restored at the first amendment, in February 2017. On the other hand, I do not know what happened to those who had benefited from the privileges but did not have a residence card in 2012.

It is entirely reasonable for the EU27 negotiators to have asked for clarification of the British proposals.

The issue here, though, is that the EU27 may not formally care about whether those with permanent residence are 'settled'. It's primary application is to the British Nationality Act 1981, which is completely outside the purview of the EU, e.g. in the way in which it discriminates in favour of Irish citizens as compared to French citizens.

[Carling40]

Looking back at the OP's initial question, subsequent posts seem to have taken the conversation away from the question asked and may confuse the OP.
The OP's clandestine entry can only be brought into question under the good character assessment, however the OP has worked out September 2007 as the relevant date to meet the good character requirement. I would strongly recommend an application for BC in September 2017 any application before September 2017 is likely to fail as although you were married the HO did not confirm your right until the issue of your residence card in Sept 2007, i don't think it'll be wise to gamble a huge fee for the sake of 2 months. What the future status of PR is irrelevant, speculative and confusing to the question asked by the OP.
As the OP is now considered settled and with confirmation of PR there is no requirement to provide any employment information about the EEA sponsor.

[mizer]

I entered UK on 2004 by eurostar coming from France, on all my previous applications I told the HO that I came from Dover as it the first station the eurostar train pass when he reach uk but I got out at London Waterloo station

What shall I write on BC application
From where is your first enter to UK London or Dover ?

[mizer]

hi everyone
I am about to apply for citizenship this month when i'm filling the application form i got stack on some point
i'm non EEA family who retain his right of residence after divorce on 2010 then have permanent resident on 2012
can someone help me out please on the following:

---)they ask the nationality of my previous partner:
she is polish but has got British nationality recently (after divorce) what shall write polish or both?

---)they ask my place entry for the first time on the UK
i came by Eurostar train into Waterloo (London) but i used to write Dover on the previous applications (because the train enter UK by Dover as first station),what shall I write LONDON or DOVER?

---) i asked the HO to return my life in UK test thinking they didn't returned with my last application ,they
sent me letter confirm they don't have it,then I checked again on my house and i found it, do I have to
explain to them what happened or just submit my life in UK test

---)the ask if you are EEA national or the family member of an EEA
i have been a family member of an EEA before my divorce what shall i write retain right of residence after
divorce or formal family member of an EEA citizen?