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Citizenship for newly become EEA national resident

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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framp
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Citizenship for newly become EEA national resident

Post by framp » Fri Feb 17, 2017 8:44 pm

A Russian citizen has been living in the UK for 8 years, at first with a Tier 4 (Studying), Tier 1 (Post Study) and now with a Tier 2.

If this citizen were to acquire a EEA nationality before Brexit (specifically through marriage) would it be possible to benefit from the EEA permanent residency (which should be guaranteed after 5 years living in the country) and apply for British Citizenship (which can be requested after 6)?

In other words, do the years spent in the country as a non EU national count towards the 6 years?
Thanks in advance

https://www.gov.uk/apply-for-a-uk-resid ... d/overview

secret.simon
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Re: Citizenship for newly become EEA national resident

Post by secret.simon » Sat Feb 18, 2017 2:02 am

framp wrote:In other words, do the years spent in the country as a non EU national count towards the 6 years?
No. You need to have five continuous years of residency under the EEA Regulations to automatically acquire PR under EU law. Periods of staying in the UK under visas issued under the UK Immigration Rules do not count for that purpose.

If you have resided legally in the UK for 10 continuous years, including under a mixture of UK visas and EU law, then you are eligible to apply for ILR under the UK Immigration Rules at that point in time.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: Citizenship for newly become EEA national resident

Post by Casa » Sat Feb 18, 2017 9:47 am

Which EEA country do you believe will grant nationality to the non-EEA spouse on marriage?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

LaLeLu85
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Re: Citizenship for newly become EEA national resident

Post by LaLeLu85 » Sat Feb 18, 2017 11:27 am

Casa - there is some, we are just looking at that route for my husband to get an EU passport.

I can get Italian citizenship by descent (never bothered until now) and Italy grants citizenship to the spouse of a citizen after x years, even if you have never lived in Italy.

France, I think, does the same after x years.

Not sure if any country would grant citizenship immediately though.

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Casa
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Re: Citizenship for newly become EEA national resident

Post by Casa » Sat Feb 18, 2017 1:27 pm

LaLeLu85 wrote:Casa - there is some, we are just looking at that route for my husband to get an EU passport.

I can get Italian citizenship by descent (never bothered until now) and Italy grants citizenship to the spouse of a citizen after x years, even if you have never lived in Italy.

France, I think, does the same after x years.

Not sure if any country would grant citizenship immediately though.
3 years of marriage for Italian citizenship or 18 months if the couple have children together. France has stricter 3 years residence requirements.

However, secret.simon has given you good advice regarding the inability to combine residence within the UK Immigration Rules and EEA Regulations.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

framp
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Re: Citizenship for newly become EEA national resident

Post by framp » Sat Feb 18, 2017 9:16 pm

Thank you secret.simon and everybody else for the answers.

She's going to get ILR soon and we were just thinking if it made sense to just become Italian and then use the European laws right before Brexit.

@Casa:
Incidentally I'm Italian and we have a baby, which means just 1.5 years to become Italian (plus processing times, which are rarely in excess of 6 months).

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