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Do I need EEA4 before applying for citizenship?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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AlexS
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Posts: 81
Joined: Wed Mar 21, 2007 1:33 pm
Location: London, UK

Do I need EEA4 before applying for citizenship?

Post by AlexS » Mon Oct 18, 2010 7:09 pm

Here's my situation:

*Came to the UK on May 2005 with a familiy permit, as a non-EEA spouse of an EEA national.
*I then got 2 more family permits in my passport (total 3), before applying for residency (EEA2), which was granted on March 2007, and therefore expires on March 2012.
*I've been living and working full time in the UK since then (2005), only leaving the country for short periods of time for holidays.
*I understand I can apply for British Citizenship on May 2011, that's the 5 + 1 year rule.

Do I still *need* to apply for EEA4 before applying for Citizenship? Or can I just apply for citizenship next year?

Thanks.
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Alex

vinny
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Post by vinny » Mon Oct 18, 2010 7:21 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AlexS
Junior Member
Posts: 81
Joined: Wed Mar 21, 2007 1:33 pm
Location: London, UK

Post by AlexS » Mon Oct 18, 2010 7:55 pm

Thank for answering so soon.

However,the UKBA page regarding naturalisations, says:
You should provide:

* your passport showing permission to remain in the United Kingdom permanently; or
* the Home Office letter by which you were given permission to remain in the United Kingdom permanently.
So how do I get that letter?
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Alex

vinny
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Post by vinny » Tue Oct 19, 2010 12:52 am

You may supply other evidence The EEA national should provide Evidence of exercising treaty rights for five years.
Standard requirements for naturalisation wrote:European Economic Area nationals and Swiss nationals

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AlexS
Junior Member
Posts: 81
Joined: Wed Mar 21, 2007 1:33 pm
Location: London, UK

Post by AlexS » Tue Oct 19, 2010 5:49 pm

Fair enough then.
I will apply in May 2011.

Thanks for your help.
-----
Alex

mcovet
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Post by mcovet » Thu Oct 21, 2010 9:02 am

does the qualifying residence period apply to the eea nationals too? to become naturalised
During the residential qualifying period, you must not have been absent from the UK for more than 450 days. You must not have been absent for more than 90 days in the last 12 months

this means, the person may obtain PR even with an absences of under 6 months per year, HOWEVER, the same person may not be able to apply for naturalisation due to the fact that the absence period for naturalisation is shorter than for PR under EEA route. Or should the eea nationals ignore it and just apply for Naturalisation 12 months post obtaining PR?

A bit confusing and would be helpful to clarify. Thx



vinny wrote:You may supply other evidence The EEA national should provide Evidence of exercising treaty rights for five years.
Standard requirements for naturalisation wrote:European Economic Area nationals and Swiss nationals

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Oct 21, 2010 10:33 am

The continuity of residence/residential requirements under EEA regulations and naturalisation are different.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mcovet
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Post by mcovet » Thu Oct 21, 2010 12:17 pm

I know, i tried to understand how can eea national who obtained PR despite being absent for 5 months a year(as this is allowed under eea regs) nevertheless apply for naturalisation - would he not be able to, i think not, so the person who is thinking of becoming british should stick to the 1971 act and not EU equivalent for PR.



vinny wrote:The continuity of residence/residential requirements under EEA regulations and naturalisation are different.

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