Naturalisation based on marriage to British citizen (EU)

[Ieva]

I hope someone could shed some light to us.
I naturalised last year and hold British passport (was Lithuanian/EEA before then).
My husband received his PR last year based on marriage to me (has lived in UK since 2000).
We are trying to apply for his British citizenship based on marriage to the British citizen.
He passed both Life in UK and English tests.
The problem we are having is proving 3 years of residence to HO. My husband has a very long standing back pain and did not work for the last 9-10 years - I have been the breadwinner of the family. He has not left country for any single day for more than 12 years because of his health. His Lithuanian passport is without any single stamp. However, EEA citizens do not have their passports stamped when travelling to Europe and because of this his passport is not a good proof of residence.
I am told that bank statements, bills etc are not accepted. We have GP's sick notes and referrals to pain clinics etc but again I am told these are not sufficient. He did not work, studied or claimed any sickness benefits in the last 9 years.
We have two daughters (they also received their British passports last year). We never paid for childcare (could never afford it) and my husband was stay-at-home dad.

We had nationality checking service appointment booked for the next week but I cancelled it as I realised we may not have sufficient proof and cannot afford to lose so much long-saved money for the application.

I called HO four times couple of days ago and only one out of four helpline staff said passport would be sufficient evidence but I am not convinced because the other 3 said it would not. Someone recommended getting a GP letter but decision ultimately would be at caseworker's discretion...

Would UKBA have travel records (which I doubt)? these records would certainly prove my husband has not travelled anywhere in more than last 12 years.

My question is what the best route would be to go about with this citizenship application?

Greatly appreciate any input!

[vinny]

What documents did he use to obtain confirmation of PR? Perhaps more of the same types of documents. Anything should help.

[Chinho2k]

In a slightly similar situation, only difference is my passport expired, NCS refused to submit using the evidence I provided but I had little choice so I included doctors' and NHS clinic letters confirming I attended regular monthly clinics, added some bank statements and any other official correspondence I could find and sent my application via post. Worst case they will ask for more information and I'll take it from there but judging from case worker guidance, without proof I was out of the country, they are advised to approve my application based on the evidence they have at hand. Will update progress. Good luck with yours.

[Ieva]

thank you - I wish you very best of luck with your application! when did you submit?
Did you send it yourself in the end or via NCS? how long is your sickness/illness? Hearing some cases when people were refused over petty things (HO was not asking for additional info when they could've) I am not confident we have a strong case and even I was considering a solicitor (don't know how much would their service cost though yet).

Passport in our case would be best proof but unless UKBA have full travel records it's difficult to prove anything...

[Chinho2k]

Posted it myself on 06/03 after NCS refused to submit for lack of sufficient evidence, however I was in the UK for the entire period except 7 days shown in my passport and am not an EEA national so my passport or document would need to be stamped on entry and sometimes departure.

I received email acknowledgement 2 days ago and am hoping to receive the Biometric letter soon. Will keep you updated via this thread. Total illness was 19 months all accounted for in clinic printout.

[Ieva]

What documents did he use to obtain confirmation of PR? Perhaps more of the same types of documents. Anything should help.

Hi vinny, we did not send much except some bills on his name and couple of family photos - all the rest were my documents. We did not include any doctors' letters. I naively assumed that since he had his PR all we needed now my British passport, our marriage certificate, Life in UK & English tests. At least that's what I was told by HO last November but either things changed or I am not getting a full picture because when called HO couple of days ago I was told bank statements, bills etc do not prove residency...

[CR001]

Is your husband a non-EU citizen?

[vinny]

What evidence did you submit when you naturalised?

The level of 2-year (cohabitation) residence evidence they are requesting for SET(M) applicants are on the said form (Section 12, note 8 ). They should accept something similar, but perhaps relatively more documents, for a 3 year period.

Anything you/he may supply should help.

See also Chapter 18: naturalisation at discretion > Annex B: residence requirements > 2.
Checking the residence requirements.

[Ieva]

Is your husband a non-EU citizen?

sorry, my first post was very long - he is Lithuanian (EU citizen) and has already received PR (permanent residency) last year...

really appreciate everyone's input

[Ieva]

What evidence did you submit when you naturalised?

The level of 2-year (cohabitation) residence evidence they are requesting for SET(M) applicants are on the said form (Section 12, note 8 ). They should accept something similar, but perhaps relatively more documents, for a 3 year period.

Anything you/he may supply should help.

See also Chapter 18: naturalisation at discretion > Annex B: residence requirements > 2.
Checking the residence requirements.

Hi vinny, my case was different because I work - I provided all P60s for the last 6 years, certificates for Life in UK and English tests - I received citizenship very quickly. My husband, however, looks slightly complicated case. I tried phoning UKBA today and despite staying online for 45 minutes I still could not get through to them. Don't they really keep any travel records for EU citizens? how can we prove that my husband did not travel anywhere all these years?

[vinny]

It's difficult when there are no UK entry nor exit stamps in an EU national's passports. All he can do is provide what he has, similar to what they request on the SET(M) or NTL forms. Anything should help.

Don't rely too much on telephone conversations with them.

[Ieva]

Hello
I would appreciate some clarification on completing AN form and timings, please.

One of the solicitors claims that my husband (who is EU citizen and who received PR as my family member 7 months ago) needs to wait 12 months after receiving his PR card before applying for naturalisation, even though I, his wife, became British 10 months ago (?)
His argument is that I must have been British 6 years if he wanted to apply without waiting 12 months. This does not seem right to me and I had assurances from other sources that my husband does not need to wait as there is no time limit on how long your spouse has been British citizen before spouse's application. Additional reassurance would be appreciated.

Another thing - on the AN form they are asking to choose one of the 3 options (employed, self-employed or student). My husband is none because of health issues but we are not including any sickness notes to complicate the case. I have been working and supporting my family and as I said we are applying for his naturalisation based on the marriage grounds) - do I just leave employment/student page blank (I pencilled in a note 'application based on marriage to the British citizen')?

Do I need to supply my own P60s etc if application is on the marriage grounds?

Should his residency be proved for 3 or 5 years? (will passport + bills be sufficient?)

Any other tips would be highly appreciated. We are planning to do this through NCS.

Many thanks in advance

[vinny]

Post merged.

One of the solicitors claims that my husband (who is EU citizen and who received PR as my family member 7 months ago) needs to wait 12 months after receiving his PR card before applying for naturalisation, even though I, his wife, became British 10 months ago (?)
His argument is that I must have been British 6 years if he wanted to apply without waiting 12 months. This does not seem right to me and I had assurances from other sources that my husband does not need to wait as there is no time limit on how long your spouse has been British citizen before spouse's application. Additional reassurance would be appreciated.

I disagree. I wonder where he got that from?

There is no such requirement under Schedule 1 > Naturalisation as a British citizen under section 6(2) > 3.

[vinny]

On the AN form, I think that the applicant should answer the questions as asked. Are they asking about the applicant or spouse?

[Ieva]

Thanks Vinny. I had another solicitor who is claiming my husband should wait 12 months - she says I am confusing immigration rules and the one based on marriage was abolished in 2012 (?) and because he is EU citizen he should apply in his own right (?) I am confused
People in HO told me we should not wait for 12 months.

On the AN form, I think that the applicant should answer the questions as asked. Are they asking about the applicant or spouse?

Yes, the application should be completed by the applicant, so I guess we should just leave this section blank.

I really am afraid to mess this up, we are considering a solicitor (but who also agrees he should not wait 12 months) - we do not want to rush and get it wrong...

Thank you again!

[vinny]

I think that this Solictor should check the naturalisation requirements again.

She may be thinking of the changes to the family Immigration rules effective on 9th July 2012. This increased the qualifying period for ILR of spouses of British citizen from 2 years to 5 years. Consequently, these spouses will be unable to take advantage of the 3 years residence requirements for naturalisation under Section 6(2).

[Ieva]

I think that this Solictor should check the naturalisation requirements again.

She may be thinking of the changes to the family Immigration rules effective on 9th July 2012. This increased the qualifying period for ILR of spouses of British citizen from 2 years to 5 years. Consequently, these spouses will be unable to take advantage of the 3 years residence requirements for naturalisation under Section 6(2).

I think both of the solicitors meant exactly this...