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NON EEA family member but spouse became British 2yr ago..
Posted: Thu Mar 12, 2015 12:03 am
by martin54
Hi all
I am non eea family member of EU.i lived in the UK since feb 2010, that completed 5yrs of residency and my wife got British Passport since 2013 and i applied for my Naturalization (AN) this month with all required documents without PR stamp but i am really worried if HO will grant my application because i did not apply PR first. Pls any advice will put smile to my face.
Martin
Re: NON EEA family member but spouse became British 2yr ago.
Posted: Thu Mar 12, 2015 7:11 am
by milan69
I am not exactly sure but I think without PR you must have lived in UK for 6 years in order to be eligible to apply.
Without PR you can not apply on basis of being married to BC.
Would like to see what other members think.
Re: NON EEA family member but spouse became British 2yr ago.
Posted: Thu Mar 12, 2015 7:44 am
by britishenglish
martin54 wrote:Hi all
I am non eea family member of EU.i lived in the UK since feb 2010, that completed 5yrs of residency and my wife got British Passport since 2013 and i applied for my Naturalization (AN) this month with all required documents without PR stamp but i am really worried if HO will grant my application because i did not apply PR first. Pls any advice will put smile to my face.
Martin
I think u can use two ways one time PR from EU law and citizenships
NON EEA family member without PR,Apply for Nationalization!!
Posted: Thu Mar 12, 2015 7:56 pm
by martin54
Hi all
I am non eea family member of EU.i lived in the UK since feb 2010, that completed 5yrs of residency and my wife got British Passport since 2013 and i applied for my Naturalization (AN) this month with all required documents without PR stamp but i am really worried if HO will grant my application because i did not apply PR first. Pls any advice will put smile to my face.
Martin
Re: NON EEA family member but spouse became British 2yr ago.
Posted: Thu Mar 12, 2015 8:32 pm
by milan69
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Re: NON EEA family member but spouse became British 2yr ago.
Posted: Thu Mar 12, 2015 9:56 pm
by cs95tdg
britishenglish wrote:martin54 wrote:Hi all
I am non eea family member of EU.i lived in the UK since feb 2010, that completed 5yrs of residency and my wife got British Passport since 2013 and i applied for my Naturalization (AN) this month with all required documents without PR stamp but i am really worried if HO will grant my application because i did not apply PR first. Pls any advice will put smile to my face.
Martin
I think u can use two ways one time PR from EU law and citizenships
There do appear to be two routes...
Q1. Spouse of British citizen. In which case you would need to be free from immigration time restrictions, I.e have ILR, with a 3 year residential qualifying period.
Q5. EU route. 6 years of exercising treaty rights being equivalent to PR.
http://www.immigrationboards.com/britis ... 95747.html
However as the OP did not apply for ILR, he wouldn't quality under the Q1 route.
Its not clear to me whether he would qualify under the Q5 route (i.e. Whether being a spouse of a BC has any bearing on the 6 vs. 5 year residence requirement here) after reading the FAQ, but may be others more knowledgeable on the EU route to naturalisation can confirm.
Re: NON EEA family member but spouse became British 2yr ago.
Posted: Thu Mar 12, 2015 10:38 pm
by CR001
Q1. Spouse of British citizen. In which case you would need to be free from immigration time restrictions, I.e have ILR, with a 3 year residential qualifying period.
Q5. EU route. 6 years of exercising treaty rights being equivalent to PR.
Even EEA resident card holders can benefit from option 1 above as long as they have obtained PR (ILR). PR is attained automatically after 5 years.