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documents needed to naturalise without PR

Posted: Sat Mar 30, 2013 4:16 pm
by mobismome
i will naturalize in 2016 these are the documents i wish to submit are they enough.
1evidence that my and ex wife her has lived together for atleast oneyear during the duration of our marriage
2 evidence of my wife exercising treaty right till decree absolute obtained ie for 3 years and 2 months

3 evidence of me exercising treaty right after divorce as if am the eea national ie for 1 year and 10 months

then my proof of address for 1 year and 10 months
ie 3 years and 2months + 1 year and 10 months = 5 years residence in the uk as required under eea regulation
4 life in the uk test certificate
i hope these documents are ok i did not apply for retention of right of residence after divorce as this is optional so i dont have any letter form home office.

Posted: Sat Mar 30, 2013 5:16 pm
by Lucapooka
Thanks for that, but do you have a question?

Re: documents needed to naturalise without PR

Posted: Sat Mar 30, 2013 7:45 pm
by Plum70
mobismome wrote:i hope these documents are ok i did not apply for retention of right of residence after divorce as this is optional so i dont have any letter form home office.
Is it really optional? Even so, would it not be 'easier' to apply now for RoR instead trying to convince the UKBA in 2016 that you did indeed retain your rights, are eligible for PR and therefore qualify to apply for British Citizenship?

Three years is good enough time to get yourself organised as your aim is to naturalise. I would advise that you have all the necessary paperwork to easily prove your status at every step.

Posted: Sat Mar 30, 2013 8:16 pm
by Imshzd
As a family member of an EEA national,RC confirmation is optional,
After divorce,non EEA national legally not a family member of an EEA national,
So ROR is not optional???

Posted: Sat Mar 30, 2013 8:46 pm
by mobismome
[



yes applying for ROR IS OPTIONAL because if you divorce your wife you have retained your right of residence if the marriage lasted for at least 3years and she was exercising treaty till the marriage was dissolved and that the couple lived to together for at least one year. provided you have all these documents you dont have any problem at all but if you wish you apply for confirmation of your ror same as residence card

can you tell where if it stated on eea regulation 2006 that it is a must that i have to apply for ror .



that is why on the application form for PR IE SECTION 4 THEY ASKED THESE QUESTIONS AS STATED BELOW IE for applicants that didnt apply for ror when they divorced

[b]You must complete this section if you are applying for a permanent residence card because of
a divorce,
or because your EEA national family member has died or left the UK. You must also
complete section 5, 6, 7 or 8 (whichever is applicable) to show how your EEA national family
member was exercising Treaty rights.
4.1 Reason for having a retained right of residence in the UK. Please tick relevant box:
Divorce/ annulment/[/b]
dissolution of civil
partnership. (Answer
4.2 to 4.7)
EEA national family
member has died.
(Answer 4.8 to 4.12)
EEA national has
left the UK. (Answer
4.13 to 4.16)
4.2 Date of marriage:
4.3 Date the divorce/annulment/dissolution
of civil partnership was finalised:
day
month
year
day
month
year
4.4 Have you been married for at least 3 years and lived in the UK



SO PALS NO APPLICATION UNDER EEA REGULATIONS IS MANDATORY

Posted: Sat Mar 30, 2013 10:14 pm
by Imshzd
I am not expert on eu regulations,but I still stand on my words.
RC/PR are optional for the family members of an EEA nationals,but
RC/PR are not optional for those who are not family members of an EEA nationals,i,e,
Durable relationship application under eu regulations are not optionals and non EEA national must have to apply for the confirmation of their rights even If they have all 2/5 years of proof.
I don't know,where it is written in eu regulations that ROR is optional or automatic.
Yes it is mentioned in eu regulations that RC/PR are optional for direct family members of an EEA nationals.

Posted: Sun Mar 31, 2013 12:30 pm
by fysicus
mobismome wrote:SO PALS NO APPLICATION UNDER EEA REGULATIONS IS MANDATORY
This may be true, strictly speaking, but it doesn't show any sense of practicality. Why are you so desperate to avoid any application for confirmation of rights under EEA Regulations??

If you need to convince third parties (employers, airlines, ferry operators, etc.) of your rights, they will just ignore you if you cannot show the right piece of paper issued by UKBA.

Posted: Tue Apr 02, 2013 4:30 pm
by wiggsy
fysicus wrote:
mobismome wrote:SO PALS NO APPLICATION UNDER EEA REGULATIONS IS MANDATORY
This may be true, strictly speaking, but it doesn't show any sense of practicality. Why are you so desperate to avoid any application for confirmation of rights under EEA Regulations??

If you need to convince third parties (employers, airlines, ferry operators, etc.) of your rights, they will just ignore you if you cannot show the right piece of paper issued by UKBA.
after all, family members of eea nationals cannot board a plane even if providing the right documents - Passports / marriage certificates ETC and travelling with the eea...

so what chances do you have on your own?