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British citizenship

Posted: Tue May 21, 2013 1:03 am
by jacki121
Re; British Citizenship Eligibility;

I am writing to find out about British citizenship considering me and my wifes’ eligibility and status merits under the EU law provisions in the UK. We both intend to apply for British citizenship and settle in the UK permanently.

Our Details are as follows:

Husband- non EU citizen and wife EU citizen

Husband entered UK in October 2003 as Student and wife entered in 2005 as employee in full time employemt to this date. :? :?

We met here in UK and started to cohabit since September 2006 together.

Husband graduated in 2007 and entered International Graduate Scheme and extended stay under Post Study Work till August 2010

As being cohabiting together (over 4 years at the time of application; August 2010), husband applied under EU law in August 2010 and was granted Residence Document as a family member of an EEA national expiring on 07/12/2015 (for 5 years)

Got Married in 2012

Today we have been cohabiting for over 7 years as couple


We both intend to apply for British citizenship and settle in the UK permanently.


the QUESTION:

According to UKBA website
“Since 30 April 2006, EEA nationals (or their family members) who have been exercising free movement rights in the UK for a continuous period of five years will, at the end of that 5 year period, be automatically entitled to permanent residence in the UK and will not need to obtain indefinite leave to remain in the United Kingdom before applying for naturalisation. EEA nationals (or their family members) who completed the “5 year” period before 30 April 2006 will have acquired permanent residence on 30 April 2006.”

If we put our details into the context of the above paragraph we assume that we are eligible to apply for naturalisation without the precondition to apply for Indefinite Leave to Remain in the UK.

In essence we have been cohabiting as a couple in a relationship akin to marriage since September 2006 and if The Secretary of State takes this into consideration we are both eligible to apply for naturalisation.

However through this 7 years cohabiting together the non-EEA had (student, IGS, PSW) visas which we don’t know if it count towards that five years.

Our question is that considering the brief explanation can we both apply for naturalisation if at all especially for NON-EU national?

Is there anyone out there to advise us on this?

many many thanks.

Re: British citizenship

Posted: Tue May 21, 2013 4:08 am
by Amber
jacki121 wrote:Re; British Citizenship Eligibility;

I am writing to find out about British citizenship considering me and my wifes’ eligibility and status merits under the EU law provisions in the UK. We both intend to apply for British citizenship and settle in the UK permanently.

Our Details are as follows:

Husband- non EU citizen and wife EU citizen

Husband entered UK in October 2003 as Student and wife entered in 2005 as employee in full time employemt to this date. :? :?

We met here in UK and started to cohabit since September 2006 together.

Husband graduated in 2007 and entered International Graduate Scheme and extended stay under Post Study Work till August 2010

As being cohabiting together (over 4 years at the time of application; August 2010), husband applied under EU law in August 2010 and was granted Residence Document as a family member of an EEA national expiring on 07/12/2015 (for 5 years)

Got Married in 2012

Today we have been cohabiting for over 7 years as couple


We both intend to apply for British citizenship and settle in the UK permanently.


the QUESTION:

According to UKBA website
“Since 30 April 2006, EEA nationals (or their family members) who have been exercising free movement rights in the UK for a continuous period of five years will, at the end of that 5 year period, be automatically entitled to permanent residence in the UK and will not need to obtain indefinite leave to remain in the United Kingdom before applying for naturalisation. EEA nationals (or their family members) who completed the “5 year” period before 30 April 2006 will have acquired permanent residence on 30 April 2006.”

If we put our details into the context of the above paragraph we assume that we are eligible to apply for naturalisation without the precondition to apply for Indefinite Leave to Remain in the UK.

In essence we have been cohabiting as a couple in a relationship akin to marriage since September 2006 and if The Secretary of State takes this into consideration we are both eligible to apply for naturalisation.

However through this 7 years cohabiting together the non-EEA had (student, IGS, PSW) visas which we don’t know if it count towards that five years.

Our question is that considering the brief explanation can we both apply for naturalisation if at all especially for NON-EU national?

Is there anyone out there to advise us on this?

many many thanks.
I think the husband would have permanent residence in 2015, however, but for absences, he may be able to apply for settlement under the long residency rules - 10 years legally resident in the UK - October 2013. Once settled eith by pr or ilr the husband should be eligible for naturalisation after 12 months of being settled or as soon as settled if wife becomes a British citizen.

The wife, but for breaks in her right to reside, should have permanent residency and has done for more than 12 months, thus be eligible for naturalisation as a British citizen subject to meeting the other standard requirements.

Posted: Tue Oct 01, 2013 10:45 am
by Amber
jacki121 wrote:hi guys,

i am planning to apply for british passport.

i have been living legally in the uk for over 10 years now.

after getting my ILR next month or so can i immediatly apply for naturalisation as i have been living here for so long(10 years)? or i have to wait for 12 month before i can apply for BP?

I heard if applicant gets his ILR and the wife/husband is british he/she can immediatly apply for naturalisation is this correct?


thanks alot.
jacki121 wrote:Hi,

I have been living with my EEA partner for over 7 years and i have visa under EU rules expiring in 2015 (five years residence document).

i am wondering if i can apply for ILR using form EEA4 as we have been living together more than required five years?

however during that 7 years i had different visa(student) and i got the family member visa since 2010.

do i have to practic free movement or they will consider our cohabiting years ?


thanks for any help

Posted: Tue Oct 01, 2013 10:45 am
by Amber
Is your spouse British? When did you apply for ILR and when was it granted?

british passport

Posted: Tue Oct 01, 2013 12:19 pm
by jacki121
yes she is and i want to apply for ILR

am wondering for ILR do i have to take Life in the UK test?

Posted: Tue Oct 01, 2013 12:53 pm
by Amber
You stated above you will be getting ILR in the next month, have you actually applied yet? SET(LR) takes much longer than a month to reach a decision usually.

Posted: Tue Oct 01, 2013 1:08 pm
by jacki121
thanks for propmt reply

i intend to apply using premium service in a month time.

would that be possible guru?

thanks

Posted: Tue Oct 01, 2013 2:23 pm
by Amber
No, postal only.

Re: British citizenship

Posted: Fri Jan 24, 2014 1:17 pm
by jacki121
Hi

to apply for 10 years long residency do i have to apply for biometric as i always had my visas in my passport?

and if so how can i apply for it?

Re: British citizenship

Posted: Fri Jan 24, 2014 4:17 pm
by Amber
You will be enrolled for biometrics when you apply for SET(LR) it will be done at a post office that offers biometrics.