Naturalisation Joint Application - TWO Different Decisions??

[sobol]

It's better to open a new thread and not hijack someone else.

For unmarried partners, time under EEA regulations starts when a residence document is issued. If June 2008 was the first document under EEA regulations, then her clock for PR starts then, so she has obtained (automatically) PR in June 2013 (after 5 years of residence and assuming you have been exercising treaty rights for 5 years). She can apply for naturalisation 1 year after PR date - June 2014.

See also - Q1, Q5 & Q6 in Citizenship FAQs - Common Questions - Read before posting.

Jumbo
Thanks for prompt reply. I'll remember that. On some other forums I've seen board admins upset about opening separate thread on similar subject.
On the other hand, my partner will get really upset about this.

It's strange that she could have receive registration document ( EEA1) under my activities but not permanent resident( EEA3 ).

westgigo
I feel your pain but trust me in some other countries this would have been much more difficult process.

Say which number did you call? I couldn't find it on HO website.

[westgigo]

ih

[westgigo]

ih

[westgigo]

ih

[Jambo]

It's strange that she could have receive registration document ( EEA1) under my activities but not permanent resident( EEA3 ).

I never said that.

She still applies based on your activities. However her time as a family member of you (as you are not married) started when the HO recognised the relationship and that happened in June 2008. Your 5 years can start in 2006 but her 5 years started in 2008.

Unless -

if she has been exercised her treaty rights by her own rights before (and upto) June 2008, she can use that period as part of her 5 years (an odd situation but possible).

[Jambo]

I just asking myself a question. If the two application are sent together and my wife's application is open first, where there is a section stated that her application should be based on my activities.

How to acknowledge that my application should be considered first and then to consider her application. What I mean is, if she ticks "EEA national" then her application could be considered on her activities. But there is probability if she ticks "family member" her application to be considered under my activities. Am I right, please help?

I suggest you use the additional information section on page 13 to explain on what basis she is applying. Also in the table in section 2.4, she can state - "as a spouse of EEA national exercising treaty rights as a worker".

It doesn't really matter which box she ticks, the caseworker will see the evidence and (probably) understand what you are doing (but as I said - better to make it clear on page 13).

[sobol]

It's strange that she could have receive registration document ( EEA1) under my activities but not permanent resident( EEA3 ).

I never said that.

She still applies based on your activities. However her time as a family member of you (as you are not married) started when the HO recognised the relationship and that happened in June 2008. Your 5 years can start in 2006 but her 5 years started in 2008.

Unless -

if she has been exercised her treaty rights by her own rights before (and upto) June 2008, she can use that period as part of her 5 years (an odd situation but possible).

She had some legal work on and off. I think there's a employment contract from 2006 and three pay slips. Would it count that she was self sufficient as I was providing for her. Could you clarify on rules of exercising treaty rights or a link please?

When we were applying for EEA1 we had not much proof of being Together. They've questioned that so I've sent them 10 pictures of our family from each year. Now we have two children of which one is British born. I wonder weather I can either of that?

[Jambo]

The evidence should be from the end of September 2007 because 5 years treaty rights + 1 year after the PR (automatically obtained). Am I right?

The latest period you can use is from Sep 2007 but you can also prove you have obtained PR earlier by working from 2004-2009 for example.

Regarding the NCS I just finished a conversation with one of the advisers. I asked what documents to bring and I have been told that I have to read the guide,booklet,form and to consider what to bring. If I don't know to enquire the HO. For any directions not helpful at all (however my documents will be copied and retured). This is my experience.

You can also try another NCS. Some are better (and cheaper than others). You don't need to use the one where you live.

[Jambo]

She had some legal work on and off. I think there's a employment contract from 2006 and three pay slips. Would it count that she was self sufficient as I was providing for her. Could you clarify on rules of exercising treaty rights or a link please?

When we were applying for EEA1 we had not much proof of being Together. They've questioned that so I've sent them 10 pictures of our family from each year. Now we have two children of which one is British born. I wonder weather I can either of that?

She can't apply based on you before June 2008 as you were not recognised as a family. She can be self sufficient but for that she will require to have had private health insurance (or non UK EHIC) to cover that period.

See http://www.ukba.homeoffice.gov.uk/eucit ... nationals/

As for the relationship, this is what form EEA3 requires:

For unmarried partners:
proof that you continue to be in a durable relationship. Such
as joint bank or building society statements, joint tenancy agreements, council tax bills
or evidence that you have both continued to pay utility bills at the property at which you
reside.

[westgigo]

ih

[Jambo]

And advice me to be on the safe side and my wife to apply after I am granted citizenship.

And how would you becoming a citizen change things at all? I really don't understand this advice.

The question in hand is under the EEA regulations (acquiring PR status) and not the nationality act (and that is probably why the advisor is not very familiar with all the rules). If you wish to to spend some more time on the phone, better to call the European Cases Enquiries line on 0151 672 5626 (this is the real number behind 0845 010 5200) and ask them about your wife's PR status.

[westgigo]

ih

[Jambo]

However I phoned on 0845 010 5200 and there is only an option to speak to someone only if you require the documents back or if the application is made more than 6 months ago. In any other case the call is directed to the UKBA website.

You need to choose option 2 and then 1 (or 1 and then 2, I don't remember) to speak to someone (as if you have applied more than 6 months ago).

[westgigo]

ih

[westgigo]

ih

[westgigo]

ih

[westgigo]

ih

[Jambo]

We are already on page 3. Way too many for something so simple.

Read the EEA3 application form which clearly shows you can obtain PR based on your partner activities. As PR Card is optional, whatever you can do in EEA3 application can be done during the naturalisation application.

[westgigo]

ih

[Jambo]

I'm not sure what you asking.

Once PR is obtained (automatically) there is no need to exercise treaty rights anymore. Form AN asks about activities for 6 years but this isn't really accurate. They should have asked for 5 years evidence ending at least one year before the application (but I guess they tried to make it simple).

For naturalisation you need to have PR for one year. It doesn't matter how you got it. You also need to meet some residence requirements for 5 years (year 1-6). The 5 years is a bit confusing as there are two sets of five years one for PR (year 0-5) and one set for naturalisation (year 1-6).

[westgigo]

ih

[Jambo]

Not really. But it doesn't need to be covered by your treaty rights.

She needs PR. your treaty rights cover that.
There are residential requirements such as less than 450 days of absence in 5 years, less than 90 days in the last year, being lawfull resident, being present in UK 5 years before the application (start of qualifying period). All of this is covered by her own residence in the UK. Treaty rights is not a factor here.

[Jaeger]

I see the OP decided to quit from this thread... but nevertheless I would like to share an answer from EuropeanOperational@homeoffice.gsi.gov.uk. I have asked whether it's possible to use details of my family member in 2.4-2.6 of Form AN in a similar way as in EEA3 where there is Section 3 for a such purpose.

The two forms to which you refer are for different purposes – form AN is to apply for naturalisation as a British Citizen, form EEA3 is to apply for a Document Certifying Permanent Residence as an EEA national. The two processes have different qualification requirements; this is why the forms are different.

If you would like to clarify what you wish to apply for, I will be able to advise which form is most appropriate.

Kind regards,

Adam Lamont
Euro Policy

[Jambo]

I never understand why people delete their posts after they get advice. It's a very selfish behaviour.

I guess the HO didn't really answer the question.

[Jaeger]

There is another answer. I opted for Euro Policy person to advise me about which route should be followed. Using directly Form AN or alternatively EEA3 and an additional year of waiting.

Can I ask whether or not you have been issued a document certifying permanent residence? Before you apply for naturalisation, you are required to show that you have indefinite leave in the UK; if you do not have said document, please apply on form EEA3 and obtain one.

You may then apply on form AN next year and obtain your naturalisation.

However, if you already have indefinite leave to remain in the UK, you may just apply on form AN for naturalisation now