New Application Pls Pls

I have been exercising the EU line since the year 2009. I have been active and working with no periods of absence in the UK since that time.

2 months ago I have received a UK Residence Documentation for a National of an EEA State (Permanent residence card for EU citizen).

I am planning to naturalise as a British citizen now.

Question:

Do I have to wait 1 year for the application or can I apply now?

Thank you for your advice

You can apply now. B1 level English from an approved test/test provider + Life in the UK are required.

Casa wrote:You can apply now. B1 level English from an approved test/test provider + Life in the UK are required.

Thank you for quick reply. I hold Master's degree from the UK Uni. Do I still have to go through the language test?

No B1 level English required, but you will need a pass in the Life in the UK test.

Thank you and I do appreciate you replies.

Casa wrote:No B1 level English required, but you will need a pass in the Life in the UK test.

Could you please advice whether it would also have any impact on my spouse's status? My spouse has been in the UK for 3 years holding family member of EEA national status (Residence documentation until January 2019).

If I naturalise now, will my spouse be able to apply for Permanent Residence under the current family member of EEA citizen route after having lived in the UK for 5 years or will my spouse's status be automatically reset ?

eagleBUD wrote:

Casa wrote:No B1 level English required, but you will need a pass in the Life in the UK test.

Could you please advice whether it would also have any impact on my spouse's status? My spouse has been in the UK for 3 years holding family member of EEA national status (Residence documentation until January 2019).

If I naturalise now, will my spouse be able to apply for Permanent Residence under the current family member of EEA citizen route after having lived in the UK for 5 years or will my spouse's status be automatically reset ?

If you naturalise you won't be recognised as an EEA national and won't be able to sponsor your family member in UK anymore; (except in certain special cases).

Takeaway:
Don't naturalise until all dependent family member/s have acquired PR status & confirmed it.

noajthan wrote:

eagleBUD wrote:

Casa wrote:No B1 level English required, but you will need a pass in the Life in the UK test.

Could you please advice whether it would also have any impact on my spouse's status? My spouse has been in the UK for 3 years holding family member of EEA national status (Residence documentation until January 2019).

If I naturalise now, will my spouse be able to apply for Permanent Residence under the current family member of EEA citizen route after having lived in the UK for 5 years or will my spouse's status be automatically reset ?

If you naturalise you won't be recognised as an EEA national and won't be able to sponsor your family member in UK anymore; (except in certain special cases).

Takeaway:
Don't naturalise until all dependent family member/s have acquired PR status & confirmed it.

Apologies for my ignorance but could you please explain what are the consequences for the following scenarios (having current Brexit developments in mind):

Scenario 1: What happens in case I naturalise. My spouse has family member of EEA citizen card until Janurary 2019 (5 year). What type of residence permit then we would need to apply and what are the implications? What would term unable to sponsor your family member in the UK anymore mean in that case?

Scenario 2: We do nothing and wait but I am very much concerned that by January 2019 permanent residence cards for the family members of EEA nationals could be abolished taking Brexit into account and we will have to reverse to Scenario 1.

I would really appreciate you answers as we have to decide about the route we must take having the Brexit developments in mind.

eagleBUD wrote:Apologies for my ignorance but could you please explain what are the consequences for the following scenarios (having current Brexit developments in mind):

Scenario 1: What happens in case I naturalise. My spouse has family member of EEA citizen card until Janurary 2019 (5 year). What type of residence permit then we would need to apply and what are the implications? What would term unable to sponsor your family member in the UK anymore mean in that case?

Scenario 2: We do nothing and wait but I am very much concerned that by January 2019 permanent residence cards for the family members of EEA nationals could be abolished taking Brexit into account and we will have to reverse to Scenario 1.

I would really appreciate you answers as we have to decide about the route we must take having the Brexit developments in mind.

1) If sponsor naturalises then spouse will not have any right to reside in UK; that is unless you somehow move spouse over to UK immigration route. Spouse visa.

2) Depends on any transitional arrangements UK decides to put in place between now and then. Noone knows at the moment.

RECEIVED FROM A LAWER TODAY :


1. As EU national, you are entitled to enter and reside in the UK for a period of up to three months without any formalities other than a valid passport (Article 5.1). You have a continuing right of residence on the basis that you are economically active (employed or self-employed) or otherwise financially self-sufficient in the UK (Article 7.1). You are automatically entitled to permanent residence provided that you have five years of continuous legal residence in the UK (Article 16.1).

2. Under the British rules, you are able to acquire British nationality, but provided that you have a permanent residence card.

3. Under the British Immigration (European Economic Area) Regulations 2006 (as amended), the rules on obtaining permanent residence apply to you and this right is not revoked on obtaining British nationality (Regulation 15).

4. The status of your non-EEA spouse will depend on the period of time that s/he has resided in the UK. If s/he has resided with you for a continuous period of five years, s/he will be entitled to permanent residence.

5. The rule set out in the decision in case C-434/09 McCarthy does not apply to your situation as you are an EU national who has exercised her right of free movement to travel to the UK.

Unfortunately, the UKVI dispute your lawyer's interpretation, subject to the transitional provisions.

The courts are seeking clarification.

eagleBUD wrote:RECEIVED FROM A LAWER TODAY :

...

What kind of 'lawer'?
And how much were you charged?

Ask her to read this from HO guidance that the caseworkers use:

A family member of a dual EEA national and British citizen does not have a right of residence under the regulations on the basis of their relationship to the dual national.

Ref https://www.gov.uk/government/uploads/s ... s_v3_0.pdf