PR Application

[aamer252251]

Hi All,
I am looking some help about my current EEA PR Application.
I am a non- EEA national living in UK from last 11 years.
I married to an EEA national on 10/01/2011.
5 years completed as family member of EEA nation on 10/01/2016, now I am just about to send my PR application.
My wife applied British Naturalisation on the basis of 8 years lawful residence in Uk without getting PR on 25/08/2015, she got letter of application approval on 20/01/2016.
Can anyone help me about few questions please.
1. Should I mention about her British Naturalisation in my application?
2. What impact it will be on my application positive or negative?
3. We are thinking not to do her oath ceremony till I apply my PR. Is it right?
4. She is still Polish nation, I competed my 5 years before the date on her neutralisation approval letter. Does it matter anything?
I will be really grateful for help.
AAMER

[noajthan]

Hi All,
I am looking some help about my current EEA PR Application.
I am a non- EEA national living in UK from last 11 years.
I married to an EEA national on 10/01/2011.
5 years completed as family member of EEA nation on 10/01/2016, now I am just about to send my PR application.
My wife applied British Naturalisation on the basis of 8 years lawful residence in Uk without getting PR on 25/08/2015, she got letter of application approval on 20/01/2016.
Can anyone help me about few questions please.
1. Should I mention about her British Naturalisation in my application?
2. What impact it will be on my application positive or negative?
3. We are thinking not to do her oath ceremony till I apply my PR. Is it right?
4. She is still Polish nation, I competed my 5 years before the date on her neutralisation approval letter. Does it matter anything?
I will be really grateful for help.
AAMER

1) Yes, if she has British citizenship already (ie attended oath-taking ceremony);
See (& answer carefully): Q2.9, - 2.12

If not yet a BC, there is no specific question about a pending nationality change.

2) Hopefully no impact - as you believe you acquired PR before wife has completed the British naturalision process;

Note once naturalised UK will simply consider a person to be only a BC (even if they are a dual citizen with an EEA nationality too).

If wife has just received the approval letter she is still Polish.
She will only become British on day of oath-taking ceremony.
She has up to 90 days to attend such a ceremony.
Suggest delaying the naturalisation ceremony (so wife is still 'only' Polish) & complete & send your application for confirmation of PR ASAP.

3) Yes - see 2.

4) Yes, correct.

You have to prove (with adequate documentary evidence) that your sponsor/spouse was still Polish all the time you were acquiring PR;
ie since the time you both married (each other) & have (both) been residing in UK (after marriage).

Note if you have a RC issued to you in (or before) 2012 that will help too.
It will allow you to use the McCarthy transitional arrangement.

This will help if any problems or delays with the application as it enables you to claim your wife is still an EEA national (even when she becomes British).

So if you do have such a RC make sure you mention it & submit with application.

This kind of 'belt & braces' approach will help reduce any possible 'wriggle room' available to HO,.

[aamer252251]

Hi,
Thank you so much for reply. I really appreciate your help. I just bit confuse about following in your reply,
1.You have to prove (with adequate documentary evidence) that your sponsor/spouse was still Polish all the time you were acquiring PR?
I was acquiring Residence Card of a Family member of an EEA national during last 5 years which was issued on 11/04/2011 valid till 11/04/2016. Do you mean this by saying (acquiring PR)?
2. What is RC?

I will be thankful for help.

Regards,
AAMER

[noajthan]

Hi,
Thank you so much for reply. I really appreciate your help. I just bit confuse about following in your reply,
1.You have to prove (with adequate documentary evidence) that your sponsor/spouse was still Polish all the time you were acquiring PR?
I was acquiring Residence Card of a Family member of an EEA national during last 5 years which was issued on 11/04/2011 valid till 11/04/2016. Do you mean this by saying (acquiring PR)?
2. What is RC?

I will be thankful for help.

Regards,
AAMER

It depends if your Residence Card is the initial type of card valid for 5 years (the old EEA2 card) or a 'confirmation of PR' card (used to be called EEA4).

I'll answer #2 first:

2) A Residence Card is a RC.

1) Acquiring PR is the act of the EEA national exercising treaty rights continuously for 5 years as a qualified person.

So that means: residing in UK & working (or being self-employed, being a student, a self-sufficient person or jobseeker) - or any combination of those categories.
If they do this for a period of 5 years they will acquire PR automatically.

And any dependent famliy member who is simply residing with them in UK at the same time will also acquire PR, through their sponsor; (for example, their EEA-national spouse).

Getting a 'PR card' just confirms that status - & it used to be optional
However, a PR card is now a mandatory requirement for any EEA national (or family dependent) applying for citizenship.

Having a Residence Card (RC) helps but that only really confirms the person's status when it was issued; it does not guarantee the person has PR.

For example, they might have got divorced from the sponsor or the sponsor might have stopped exercising treaty rights.

I think you said your wife does not have a PR card.
That is fine - she did not need to show one when she applied to naturalise;
(the rules only changed around end of last year).

But, as she does not have such a card, you will have to submit her evidence all over again (in your application for a PR card).
That is, send the evidence to show your wife has been exercising treaty rights for 5 years;
so include employers letter/contract, P60s, wage slips etc
- all based on the guidance for the PR application.

[aamer252251]

Hi
Thank you for brief answer.
Yes, I have been issued a Residence Card of a Family member of an EEA national (EEA2), which is valid for 5 years,issued on 11/04/2011 valid till 11/04/2016.
I completed 5 years as family member of EEA nation on 10/01/2016 from the marriage date 10/01/2011.
I appreciate your help.
Regards
AAMER

[kunfayakun]

Hi
Thank you for brief answer.
Yes, I have been issued a Residence Card of a Family member of an EEA national (EEA2), which is valid for 5 years,issued on 11/04/2011 valid till 11/04/2016.
I completed 5 years as family member of EEA nation on 10/01/2016 from the marriage date 10/01/2011.
I appreciate your help.
Regards
AAMER

Hi aamer252251,

I have query regarding this EEA PR, Basically when we apply for the EEA PR do they count the 5 years from the marriage date or Residence card issued date?

[aamer252251]

Hi,
You count 5years from the date of marriage.
I hope it will help.
Aamer