EEA citizen married to UK citizen 3 years or 5???

[ArwenClarke]

Halo everyone,

I am Polish and came to UK in 08.2008 to be with my then boyfriend, we had a son in 2010, and got married in 2012. From 10.2009-05.2010 I was working part time, and then went on maternity leave. After that I was employed part time from 4.2011-04.2012 and then from 03.09.2012 till today I am covered by my husband's priviate insurance.

During my time in the UK I was supported by my husband and we have a joint bank account since November 2008. We never claimed benefits except me claiming jobseekers allowance for 2 months in 2009 and having child benefit in 2010 which we opt out due to my husbands earnings.

Can I apply yet for naturalisation? My only proof that I was in this country is one way ticket from August 2008. Or do I have to wait till November (joint bank account) to meet the requirement of 5 years? Or is this not enough? because I wasn't excessing my Treaty rights? Does this requirement concerns EEA nationals married to UK nationals? or is 3 years enough? I wouldn't have any problem proving that

Now another problem can I go with self-sufficient route, does the fact that
I was 1. in part time employment 2. maternity allowance 3. part time employment 4.four months gap with no insurance. I am worried that because I was employed only part time I havent put anything in the pot, so to speak. So I was a burden to NHS.

For 4 years my husband was self-employed, do you think providing bank statements for the period of 3 or 5 years will be enough? Actually do I have to provide all of them or just for example 3 per year?

Please advice
Arwen

[vinny]

Halo everyone,

I am Polish and came to UK in 08.2008 to be with my then boyfriend, we had a son in 2010, and got married in 2012. From 10.2009-05.2010 I was working part time, and then went on maternity leave. After that I was employed part time from 4.2011-04.2012 and then from 03.09.2012 till today I am covered by my husband's priviate insurance.

During my time in the UK I was supported by my husband and we have a joint bank account since November 2008. We never claimed benefits except me claiming jobseekers allowance for 2 months in 2009 and having child benefit in 2010 which we opt out due to my husbands earnings.

Can I apply yet for naturalisation? My only proof that I was in this country is one way ticket from August 2008. Or do I have to wait till November (joint bank account) to meet the requirement of 5 years? Or is this not enough? because I wasn't excessing my Treaty rights? Does this requirement concerns EEA nationals married to UK nationals? or is 3 years enough? I wouldn't have any problem proving that

Now another problem can I go with self-sufficient route, does the fact that
I was 1. in part time employment 2. maternity allowance 3. part time employment 4.four months gap with no insurance. I am worried that because I was employed only part time I havent put anything in the pot, so to speak. So I was a burden to NHS.

For 4 years my husband was self-employed, do you think providing bank statements for the period of 3 or 5 years will be enough? Actually do I have to provide all of them or just for example 3 per year?

Please advice

[ArwenClarke]

sorry I didn't want to repeat myslef but I wasn't sure were to post it

[ArwenClarke]

what is the proof of being in the UK, since EEA nationals don't need ILR can this only be P60? is the fact that we have had a joint account with my husband and that I have applied for National Insurance doesn't mean anything? Also I believe that I should be regarded as someone having a comprehensive sickness cover since my husband pays loads of taxes, surely enough for both of us.
Can anyone comment please?
Thank you

[Jambo]

Although for naturalisation as a spouse of BC the residential requirement are only 3 years, there is also a requirement to hold ILR (or PR status for EEA national) which effectively means you can't apply before 5 years of residence in the UK.

The main issue is whether you have obtained PR status or not.

The fact that your husband is British doesn't help you with your claim for PR as a EEA national. Also the fact that he pays loads of taxes doesn't matter. If you don't work, you need to have private health insurance (or a Polish EHIC) to cover you.

It was difficult to follow from your post but it seems that from Aug 2008 - Oct 2009 you didn't work and didn't have CSI so this time is not regarded as exercising treaty rights.
From Oct 2009, you have been part time worker (Good), on maternity leave (were you still working for the same employer? If yes, that's Good), part time employed (Good), gap (not so good), self-sufficient (with CSI - Good).
So it seems you would obtain PR is October 2014 and can apply for BC then.

I assume that you have registered under WRS (Worker Registration Scheme) that was in place before 2011. Otherwise, none of your employment (before marriage) counts.

[ArwenClarke]

Thank you so much for the response Yes, I realize now only after october 2009 I was exercising my treaty rights. It's just a shame that I didn't know about it sooner well I will give it a rest for now. Thank you.