EEA(PR) - resident 13 years, married 1 - what to complete?

[Vickyk]

Hello,
I'm completing version 03/2016 of the EEA(PR) application form with the aim to then apply for naturalisation. I've got several questions though:
1) I'm an EU national and have lived in the UK for nearly 13 years so definitely meet the 5 year residence criteria to apply in my own right. I've been married to a British citizen for 1 year. Do I need to complete the section on marriage/sponsorship? I wouldn't meet the 3 year marriage criteria for that and therefore have my application rejected, but does it seem like withholding information if I don't?
2) Do I need to provide full details and proof of my activity since entering the UK (13 years ago) or just the 5 year qualifying period? I'm struggling as it is to provide 5 years worth of documentation, let alone 13!!
3) continued from above, I was claiming some benefits approximately 7 years ago, but nothing in the last 5. Do I need to state this? I don't mind doing so, I just can't find any documents to show as proof or confirm exact dates. The question is phrased, 'are you or have you claimed, since living in the UK, any of the public funds or state benefits listed below?' My answer is 'yes', but not in the qualifying period, so does that constitute as a 'no'?
4) Roughly how long does the process take? The application states you need to send your passport, but I will be travelling abroad so need that back fairly soon.

Sorry for the long post and thanks in advance for any help!

[noajthan]

Hello,
I'm completing version 03/2016 of the EEA(PR) application form with the aim to then apply for naturalisation. I've got several questions though:
1) I'm an EU national and have lived in the UK for nearly 13 years so definitely meet the 5 year residence criteria to apply in my own right. I've been married to a British citizen for 1 year. Do I need to complete the section on marriage/sponsorship? I wouldn't meet the 3 year marriage criteria for that and therefore have my application rejected, but does it seem like withholding information if I don't?
2) Do I need to provide full details and proof of my activity since entering the UK (13 years ago) or just the 5 year qualifying period? I'm struggling as it is to provide 5 years worth of documentation, let alone 13!!
3) continued from above, I was claiming some benefits approximately 7 years ago, but nothing in the last 5. Do I need to state this? I don't mind doing so, I just can't find any documents to show as proof or confirm exact dates. The question is phrased, 'are you or have you claimed, since living in the UK, any of the public funds or state benefits listed below?' My answer is 'yes', but not in the qualifying period, so does that constitute as a 'no'?
4) Roughly how long does the process take? The application states you need to send your passport, but I will be travelling abroad so need that back fairly soon.

Sorry for the long post and thanks in advance for any help!

How are you exercising treaty rights? Just being in UK for 5 years is not enough.
Are you an A8 national?
Have you been a student in UK?

1) Marriage to British spouse is irrelevant, a BC is not considered an EAA national.
There is no 3 years criteria in the context of application for confirmation of PR - you will need to apply in your own right as a qualified person who has exercised treaty rights continuously for 5 years.

2) Depends when your qualifying period is; its not necessarily the last 5 years. It may have started 13 years ago.
You need to provide details of subsequent years to show that your PR status, if acquired, has not been lost since then, (for example due to absence).

You will need rock-solid documentary supporting evidence to back up your case.

3) This is where the UK PR form goes way beyond what is required by EU law.

Again, when was your qualifying period?
If means-tested and you didn't prove to be a burden on the social assistance system of the country all should be well.

4) Several months.
Your mileage may vary.

This is how it is: HO won't work around you; you work around HO.
However there is the option to request documents back a few weeks after filing; you may get them returned to you (possibly after a few repeated requests).
Or submit your European id card as proof of identity and hold onto your passport.

[Vickyk]

Thanks for the quick reply! I realise now my post was a bit vague, still trying to get my head around everything.

I'm Greek so not an A8 country. I first came over for university (worked whilst studying), then worked for a year before before becoming a job seeker (less than a year I believe, but was claiming benefits during this time) and then started working at my current employer since November 2009. My understanding is that this would allow me to apply in my own right. There has been no significant absence since first arriving that would 'reset the clock'.

I have all documentation required since beginning my current job, but sadly nothing before that so I was hoping it would be possible to apply based on just the last 5 years? Is that a bit naive to think it would be as simple as that? Surely no one can be expected to remember every time they left the country since 2003! I've (stupidly) also destroyed payslips and other such documentation older than 7 years as I never thought it would be necessary to go back that far.

Thanks again for your help!

[noajthan]

Thanks for the quick reply! I realise now my post was a bit vague, still trying to get my head around everything.

I'm Greek so not an A8 country. I first came over for university (worked whilst studying), then worked for a year before before becoming a job seeker (less than a year I believe, but was claiming benefits during this time) and then started working at my current employer since November 2009. My understanding is that this would allow me to apply in my own right. There has been no significant absence since first arriving that would 'reset the clock'.

I have all documentation required since beginning my current job, but sadly nothing before that so I was hoping it would be possible to apply based on just the last 5 years? Is that a bit naive to think it would be as simple as that? Surely no one can be expected to remember every time they left the country since 2003! I've (stupidly) also destroyed payslips and other such documentation older than 7 years as I never thought it would be necessary to go back that far.

Thanks again for your help!

Um yes, you are expected to remember details (eg absences & etc) as its the applicant's obligation to submit appropriate evidence to support their case.

Sounds like you have a qualifying period somewhere in between 2009 - to date.

If you choose a period that ended over 12 months ago you could shoot for the privilege of citizenship right after getting DCPR (assuming you are not married to a British spouse and meet all other requirements for naturalisation).

If you use the last 5 years as a qulaifying period you would have to wait 12 months before applying to naturalise (if no British spouse).