Naturalisation for EU/EEA - confusing rules?

Hi newsgroup,

I was searching for a while now on straight-forward rules on the 5year rule for EU nationals but haven't found anything so far. Alright, here it goes:

I have arrived in the UK in late 2006 and have been here ever since. I currently hold German nationality.

As far as I understand the UK Border Agency website, you need to have been in the UK for at least five years. That's the easy part, and since they will prolong the current rules this should be fine.

But now the problem is the following:

You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

As an EU/EEA citizen - if I got it correctly from Wikipedia - I am NOT free from immigration restrictions as such, but I am only exercising treaty rights.

http://en.wikipedia.org/wiki/Indefinite ... ber_states

This however means that I can, after five years of exercising my treaty rights, apply for permanent residency.

Does this mean that only after I am a permanent resident will I be free from immigration time restrictions? Does that also mean that after becoming a permanent resident I will need to wait another 12 months before I can apply for naturalisation? This would then make it six years that I need to wait in total.

Now the final confusion is the Latest news item that the UK Border Agency put up:

http://www.ukba.homeoffice.gov.uk/sitec ... nts-earned

There they say that all who have been given indefinite leave to remain in Mid-2011 will automatically be treated as permanent residents and can continue to apply under the old rules for two years. Similarly, if you already have applied for indefinite leave to remain and will be granted it afterwards, you can also continue to apply under the old rules.

So now what does that mean for me?

This is horribly confusing, but maybe someone can shed some light into it for me?

Thanks and best greets,

Chris

You are pretty much spot on with your interpretation.

For the purposes of applying for BC you are not ftree from immigration controls untill you get Permanent Residence (PR). So, yes you need 6 years.

Just a slight correction. You acquire PR automatically, you don't need to apply for it. You can however confirm (i.e. document this fact) by applying for PR confirmation.

Please note you don't need to have PR confirmed in order to apply for BC. In other words you can wait for 6 years and then apply straight for BC skipping application to confirm your PR status.

Hi there,

alright, thanks for the confirmation. I think if you are reading these rules too often you get different results each time

BLK235 wrote:Just a slight correction. You acquire PR automatically, you don't need to apply for it. You can however confirm (i.e. document this fact) by applying for PR confirmation.

Please note you don't need to have PR confirmed in order to apply for BC. In other words you can wait for 6 years and then apply straight for BC skipping application to confirm your PR status.

Thanks for that - I was aware that you become permanent resident automatically, but I was wondering what the implications would be under the transitional requirements - since I will have reached the 5yr limit by the time the new system is implemented I will then be able to apply under the old rules for two years, i.e. I will have to wait for 12 months and then go for it.

One final question though:

My girlfriend arrived here a little later (End of 2006). Since she will not have been here for 5 years at the time of the new rules being implemented this would then mean that she won't be able to go through the old system, right? Even though she would become a permanent resident and thus be permanent resident for 12 months within the two year transition period... bad luck then

Thanks a lot for this and best regards,

Chris

For further information on requirment for EEA nationals to be free from immigration controls see page 5 of the guide AN

If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006, and therefore will not have to apply for indefinite leave to remain. But remember that, unless married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation.

cjdenver wrote:
Thanks for that - I was aware that you become permanent resident automatically, but I was wondering what the implications would be under the transitional requirements - since I will have reached the 5yr limit by the time the new system is implemented I will then be able to apply under the old rules for two years, i.e. I will have to wait for 12 months and then go for it.

As you will be free from immigration controls before July 2011 you will be eligible to apply under old rules (providing all the requirements to qualify for PR are met).

cjdenver wrote: One final question though:

My girlfriend arrived here a little later (End of 2006). Since she will not have been here for 5 years at the time of the new rules being implemented this would then mean that she won't be able to go through the old system, right? Even though she would become a permanent resident and thus be permanent resident for 12 months within the two year transition period... bad luck then

It is correct, she won't be able to apply for BC under old rules, unless transitional arrangements get extended, which I personally think is very unlikely.


What you should also consider is that your wife's stay is conditional on you excercising Treaty Rights. A british national cannot exercise Treaty Rights in the UK (see 1.3).

The UK is also a member the European Economic Area; however, a British National cannot exercise a Treaty Right in the UK. A British National, and their third country national family members, can only benefit from European law if they meet the criteria established in the case of SURINDER SINGH.

So it follows that as soon as you become british national you stop exercising Treaty Rights. This would mean that as soon as you become british she would need to apply under UK rules and won't be able to qualify for PR under EU rules

My understanding in that case she would have to extend her stay under UK rules and as a result she would have to spend another 2 years on spousal visa to qualify for ILR in order to become free from immigration controls. As I am not a professional adviser I would advise you to seek opinion of other forum members on this point or better get explanation from UKBA and get it in writing.

One possible option is for you to wait till she confirms her PR and then apply for BC, however in that case you are most likely to have to apply under new BC rules.

Hi there,

BLK235 wrote:As you will be free from immigration controls before July 2011 you will be eligible to apply under old rules (providing all the requirements to qualify for PR are met).

Alright, thanks a lot - I think now I got around it

BLK235 wrote:What you should also consider is that your wife's stay is conditional on you excercising Treaty Rights. A british national cannot exercise Treaty Rights in the UK (see 1.3).

So it follows that as soon as you become british national you stop exercising Treaty Rights. This would mean that as soon as you become british she would need to apply under UK rules and won't be able to qualify for PR under EU rules

That's true, but my girlfriend also holds EU citizenship so shouldn't be affected - and we're not (yet! ) married...

But many thanks for your explanations!

All the best,

Chris

BLK235 wrote:So it follows that as soon as you become british national you stop exercising Treaty Rights.

Unless the OP will be able to retain German citizenship.

86ti wrote:Unless the OP will be able to retain German citizenship.

In fact this will happen as well, as those bloody Germans cannot force you to give it up anymore if you take on one from another EU country

86ti wrote:

BLK235 wrote:So it follows that as soon as you become british national you stop exercising Treaty Rights.

Unless the OP will be able to retain German citizenship.

Do you have a link confirming that if you have dual citizenship and one of them is british you can still exercise Treaty Rights?

BLK235 wrote:Do you have a link confirming that if you have dual citizenship and one of them is british you can still exercise Treaty Rights?

I had it once but can't find it anymore. I think the info was somwhere on the UKvisa web page.

BLK235 wrote:Do you have a link confirming that if you have dual citizenship and one of them is british you can still exercise Treaty Rights?

In fact, why should the treaty not apply to you if you have EU + British citizenship?

It doesn't say in the treaty that it's restricted to people who just have one citizenship, so as long as you have another country's citizenship you should still fall under the rules of exercising treaty... right?

Hello there if anyone can help me please. I am holding Asian passport with EEA family member visa for 5 years which expires on mid August 2014. I got married on 2008 to my husband who is German Citizen who holds German passport .we live in UK where as has been living in UK since 2006 .on 2011 than got separated means we don't leave together but not divorced .we have two kids who are living with me. my daughters hold German passport .I am travelling to My country on july and will be back 2 day before my EEA card expires. my other half is happy to help me to apply for British passport as he think that he is helping kids that way and I agree . but I m not that good at all this. I spoke to my lawyer and she said its perfectly fine to travel but she doesn't sound very confident. she advised my to apply for PR first as I am not eligible to apply straightway to British Passport. could someone please advice .
1. is it alright to travel to Asian country during stated my visa status thought my kids are going with me as this is family visit.
2. do i have to apply PR first because I am not Eligible to apply British Passport straightway whereas I have passed British Citizen certificate.
if am very confused .every time I meet to my lawyer I pay 100 ,now finally we have appointment for process on the day my EEA visa expires.
what are the option for me. as I am a single mother and have no one to look after my kids who are now 3 and 5 so I work 16 hours only . I am sure there must be some solution.