4 replies to this topic

[Max22]

Hi everyone I am new in this forum and I want to thanks in advance for your time and help.

I am a family member of a EEA citizen, me and my wife have been living in the Uk since February 2007, in October 2007 I was granted the Residence permit for 5 years which now I have completed complying the Treaty rights.

A couple of weeks ago sadly our marriage broke down and we decided to live separated, our marriage is genuine and all this trouble was not planned. We have been together for almost eight years out of which five been married, we have also got a daughter together, but cohabitation was not working out.
Although we are not legally separated soon we would be living at different address and I don’t want to break any rules when applying for British citizenship in which my wife will support with any documents necessary as we’re still friends.

I will appreciate any advice in the following:

>Can I apply right after I pass the Life in the UK test? Or do I have to complete one year as Permanent resident? Being this the case, does the time count from March 2007 or since the moment I acquired the Permanent residence?

>In the AN form there’s no box in Current marital status for my case. Do I apply as married? My only concern in this case is that if I apply as married we should be living under the same roof, if I am not wrong and the other inconvenient is that my wife is homesick and want to return to France in a few months time. Can this affect my application?

> Or do I have to apply under long term residency which I believe is 6 continuous years; again being this my option from when does this period of time it is considered March 2007 or October 2007? Do I need for this case to apply for PR confirmation?



Although I read every related article in the UKBA site, I am not completely sure about the matter and I will appreciate very much if you can clear my doubts.


Max

[Victoria]

You apply as married, but this means 6 years from when you are considered to have started your residence as a family member.

So you can apply in February, as long as you have passed the test by then.

[Max22]

Thanks very much Victoria,

Just want to be sure I understood properly, I will be able to apply in February 2013 since the 6 years as a family member actually begin to count since my first day in  the UK, independently from the date I got the Residence card granted, right?

Another doubt please, Does my wife have to be present at any time during or after the application? Will the fact of not being living together can affect the decision if they found out since I will apply as married?

Thanks for your patience, again

Max

[Victoria]

I've said you can apply then, irrespective of your wife.

[Max22]

Thank you again...