UK border agency

[ary]

My cousin who is using this site for a long time has recommended you as one who I can get the answer I am looking for a long time. I am originally from Iraq, come to UK in 1999 as an asylum seeker, Started a full time work since 2002 to present Home office refused my asylum just before I complete 5 years here in UK In 2006 got 3 years discretionary leave base on my relationship with an EEU member Then I got married to the European girls in 2006. Before the expiring date on my 3 year discretionary leave my employer asked me for a new home office paper work. After spoken to my solicitor his best option was to apply for a resident card under European law. But I was worry about my asylum case as I thought I was still on one the legacy case, didn't want that my file to be closed just because I am apply for the resident base on my marriage.my solicitor assured me that wouldn’t affect my legacy case. But I believe it has Anyway we gone ahead and applied and unlawfully refuse as home office said my wife has not provide the work registration even we had. After appealed against the decision and went through court we won the case as home office representative admitted that home office made mistake due to having a trainee employee who missed that paper. Now I am living in the UK since 1999 having a full time job. Married to EEU citizen since November 2006 and will be 6 years marriage on November 2012 Have to kid who are born in UK My resident permits which I got in 2010 still valid until 2015 august But unfortunately this mean not much to me as I can’t to travel anywhere with it.as I don’t have a travel document or Iraqi passport which I cannot get. Home office refused my application for travel document. My question is based on the information I have provide here am I entitle to apply for ILR or British citizen? I even tried my local MP and my solicitor but I didn’t get the answer which would satisfy me. I am sorry for the long story but thought it make easy to understand I do appreciate your time if you could help me and tell what is the best for to do? Thanks in advance Best regards

[Jambo]

As a EEA family member, your status in the UK depends on your wife's activities. Did she exercise treaty rights for 5 years (for example by working for 5 years)?

If your wife has exercised treaty rights for 5 years, she would obtain PR status. In this case, you would have obtained PR status in November 2011 and would be eligible to apply for naturalisation in November 2012.

[ary]

She is working in the UK since 2003.but she has never applied for uk resident.but she hold a work permit.
Regards

[Jambo]

Which nationality is your wife? EEA nationals don't need work permit.

[ary]

She is from lithuania.also forgot to mention that i am not holding my national passport.in fact i am unable to get it.does that affect anything? If not so that is mean i can apply citizenship without applying ILR?
many thanks

[Jambo]

Under EEA regulations, Permanent Residence is obtained automatically after 5 years of exercising treaty rights. ILR is for applications under the UK immigration rules, not under EEA regulations.

Assuming your wife had WRS (work registration) for her first year (your previous post indicated she did) and she worked for 5 years, then as I said, she has obtained PR and so did you and if you wish you can apply now for naturalisation. You will also need to pass the Life in the UK test.

See Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

A passport is not a must for the application but you will need to prove your identify by other means. Check the application form (form AN) and the guide.

[ary]

Thanks for the good news. it means a lot to me and a family.but one more question does it make any diffident where i originally come from? i am from Iraq.
thanks

[ary]

for your information i had contacted one NCS which based in Cambridge i have asked if i can apply for naturalisation but they said only i am married to BC. even my solicitor saying to me the only way to become a British citizen is if my wife become BC.other i have to wait until 2015 when my resident permit expired then i can apply for ILR then 1 year after that entitle for applying for naturalisation.
i am so confuse don't really know what to do.

[Jambo]

Thanks for the good news. it means a lot to me and a family.but one more question does it make any diffident where i originally come from? i am from Iraq.
thanks

It's doesn't matter to the UK authorities. Depending on the Iraqi laws, you might lose your Iraqi citizenship if Iraq doesn't allow dual citizenship.

[Jambo]

for your information i had contacted one NCS which based in Cambridge i have asked if i can apply for naturalisation but they said only i am married to BC. even my solicitor saying to me the only way to become a British citizen is if my wife become BC.other i have to wait until 2015 when my resident permit expired then i can apply for ILR then 1 year after that entitle for applying for naturalisation.
i am so confuse don't really know what to do.

Many solicitors are not familiar with EEA regulations. NCS should be more familiar with the rules. Call them and tell them you are married to a EEA national and have been living in the UK for more tha 6 years while your spouse has been exercising treaty rights. And then ask if your are eligible?

[ary]

Thank you for all the information.i appreciate.
I will do as per your advice.

[Directive/2004/38/EC]

You might want to apply for the PR card before applying for citizenship. The application is free and with it you have proof of your PR status established.

You would need to include a clear cover letter that lays out the period in which you gained PR (likely the 5 years starting at the date of your marriage), and provide proof that your wife had PR at that point or was working.

The citizenship application fee is quite high, and I am not sure what happens to if they refuse the application because they are confused.

[ary]

good morning
The Immigration Status Document i have is called
(RESIDENCE DOCUMENTATION) Residence card of a family member of an EEA national .and i receive it on 2010 valid until 2015.

do i need to wait until 2015 to be eligible for apply for British citizen or i can go ahead and apply now as i am married for more than 6 year.and i and my wife working a full for than 9 years.
thanks in advance

[Jambo]

good morning
The Immigration Status Document i have is called
(RESIDENCE DOCUMENTATION) Residence card of a family member of an EEA national .and i receive it on 2010 valid until 2015.

do i need to wait until 2015 to be eligible for apply for British citizen or i can go ahead and apply now as i am married for more than 6 year.and i and my wife working a full for than 9 years.
thanks in advance

The date of your residence documentation is irrelevant. In fact, having a residence documentation is optional. Under EEA regulations, rights are obtained automatically. The HO just confirms those rights.

As said, you can either apply for PR Confirmation first (this application is free) and later for BC or apply directly for BC.

[ary]

thanks Jambo
can you please advice what form do i need to use to apply for PR?
and do you know how long does this take?
thanks
kind regards
Ary

[bobobo]

Fill in form EEA4 and it can take upto 6 months for this to be processed (for straightforward cases)

thanks Jambo
can you please advice what form do i need to use to apply for PR?
and do you know how long does this take?
thanks
kind regards
Ary