Immigrationboards.com

Posted: **Mon Sep 13, 2010 9:11 pm**

I am Norwegian National. Living in UK since Sep 2005 (5 years). Wife is non-EU, got married and she came to UK on "Family Permit" in July 2007. Got her Residence card afterwards.

In the longer run, I'd like to get British nationality. I have 2 routes to follow:

ROUTE 1:
-----------
1- Apply for PR (EEA3) now, apply for nationalization in Sep 2011. OR
2- Do not apply for PR, just apply for nationalization in Sep 2006.
3- Get British passport by 2012 (hope my timelines for getting passport is correct).
4- By 2012, my wife would be in UK for just about 5 years (might be less than 5), however, as I'd be a British citizen, my wife only needed to be in UK for 3 years and I could straighaway apply for her British citizenship as well.

ROUTE 2:
-----------
1- Do no apply for PR or nationization and wait till JULY 2012.
2- Apply for both mine and wife's PR OR
3- Apply for nationalization in July 2013 and hopefully get british citizenship for both of us by end 2013 or 2014.

Personally, I prefer ROUTE 1. Am I right in saying that point 4 in ROUTE 1 stays true?

Also, if you suggest ROUTE 1, should I apply for PR now or just directly apply for nationalization next year?

Could anyone also comment, what's the process to get British passport after getting nationization? I assume that I will not have to take that life in a uk test.

Would my wife require to give life in a UK test or any of the above route would not require her to take test?

I realize, am asking a lot of questions but I am sure that it's an interesting case and options for a lot. Answers and explanations to my queries would help many.
Look forward to hearing
Regards

Posted: **Mon Sep 13, 2010 10:28 pm**

Unfortunately, the directive doesn't allow you to switch to uk domestic immigration law. Once your spouse entered the uk on an eea visa, she will stay on the eea route till permanent residence. To conclude, you have one route

Posted: **Wed Sep 15, 2010 5:14 pm**

The best option depends on what angle you are looking at - shorter or cheaper route to BC?

Shorter route: You apply for confirmation of PR in Sept. 2010 and then naturalise in Sept 2011 (residential qualifying period applies + passing the Life in the UK test). Costs approx. - Â£815.00. July 2012 your wife applies for confirmation of PR and once received, takes Life in the UK test (or before hand) and naturalises straight away as the spouse of a BC (3 years residence; one of which PR/ILR must be held). Costs approx. - Â£815.00. Total cost for you both ~Â£1640.00

Cheaper route: You apply for confirmation of PR in Sept. 2010, your wife applies for PR in July 2012 and then you both apply to naturalise using a joint application (including pass certificates for LTUK) in July 2013. Total cost - ~Â£1080.00

You decide...

Posted: **Wed Sep 15, 2010 6:38 pm**

@Guerro, it is a new information for me, thanks for that.

@Plum70, appreicate the details and the options.

One query though, my understanding is that I will not have to take Life in a UK test as I am an EEA national and presumably there's a difference in going for british nationality after getting PR and ILR. My wife would have to take the test though. Please correct me if I am wrong.

Thanks

Posted: **Wed Sep 15, 2010 9:50 pm**

The Life in the UK test is compulsory for anyone - EEA national or not - wanting to naturalise as British.

Posted: **Wed Sep 15, 2010 10:31 pm**

http://www.britishtest.com/help

Questions about the Life in the UK Test

Who doesn't have to write the test?

People under 18 and over 65.
Foreign and Commonwealth citizens on discharge from HM Forces, including Ghurkas.
Spouses of Foreign and Commonwealth citizens on discharge from HM Forces, including Ghurkas.
Victims of domestic violence.
Bereaved Spouses/Bereaved Unmarried Partners/Bereaved Civil Partners.
Parents/Grandparents/Other Dependant Relatives - applications made under Paragraph 317 of the Immigration Rules.
European Nationals and their non EEA family members, making an application under the Free Movement of Persons provisions (not Immigration Rules based).
Turkish nationals applying under ECAA.
Persons applying for settlement following 5 years leave as a refugee.
Persons applying for settlement following 6 years Discretionary Leave.
Persons applying for settlement following 4 years Exceptional Leave To Remain.
Persons applying for settlement following 5 years Humanitarian Protection.
Applicants granted settlement outside of the Immigration Rules.

Mean while.....

http://www.lifeintheuk.org/mod/forum/di ... p?d=764610

Non-EEA Spouse Naturalisation Success
by Mohammed Ali - Wednesday, 10 February 2010, 04:04 PM

To whom it my concern.
I would like to share this information with anyone that is in the same boat as my wife was and how she was successful with her Naturalisation application.

- I am EEA citizen and living since 1999 in UK. Working since that time with full P60. I held in Y04 the IRL.

- My wife a NON-EEA arrived in the UK in June 04. Held a 1Y Family Permit of EEA.
She is house wife and not working (Her Family Permit is depended on me)

- In Y05, my NON-EEA wife applied for her EEA2 and got it for 5-Years, which expires in Sept 2010.

- In Y08 I "a EEA citizen" my Naturalisation application was successful and became British citizen.

- In June 2009, my wife finished her 5-Year stay and automatically held the "Permanent Residency" based on the UK EEA law. She did not need to apply for EEA4. It was not a must.

Because she holds a EEA2 permit valid until Sept 2010, and she is allowed to apply for British Citizenship on June 2010 (One-Year on Permanent Residency rule), she really did not need to send her passport to get EEA4 and everybody in EEA rule knows how long that take

BUT, there is a short cut, UK citizenship law for EEA and their family member either EEA or NON-EEA states that the family member can skip that one year Permanent Residency status if his/her EEA spouse in the mean time has become a British Citizen.
All this info is clear on The UK Border Agency website.

This meant, because I (The husband) am now also British Citizen, my wife did not need to wait for one year on her "Automatic" Permanent Residency and is able to apply for British Citizenship in June 2009, the day she got her Automatic EEA Permanent Residency.

This saved her two things:
1- No need to send her passport to get EEA4 stamp (Lord knows how long that would have taken)
2- Reduced her Residency Rule for EEA and thier Family member (NON-EEA) from 6-years (5 years EEA2 & 1 Year PR) to 5-years.

Now, because she is not working and never worked yet (looking after our kids at home), these are the documents needed for her Naturalisation Application.

NOTE: I would advice anyone in the same situation as my wife was to send their naturalisation application via Council service "Nationality Checking Service". In my wife case, while we where there, they called direct the Naturalisation Case worker who knew very well all the laws and rule and confirmed the above and short cuts and the documents needed.

So here ware the documents needed in the case of my wife:

Note: Services via Nationality Checking Service, you can keep the original
documents + passports. They certify the photo copies.

1-The Husband EEA & British passport
2- The Husband Naturalisation as British Citizenship certificate.
3- The Wife (Applicant) NON-EEA passport (with EEA2 stamp)
4- Life in the UK test pass certificate
5- Since the wife does not work, the then Husband last 6-years P60
6- Letter from GP or Dentist confirming that the wife has been registered at them for the past 5-years and is regularly visiting the practice (This proves that she has been resident in the UK for 5-years, as she does not have P60).
7- Our marriage certificate
8- Up-to-date Council Tax statement (To confirm the address)
9- Utility Bill as another confirmation of address
10- Last three months Bank statement (Applicant if he/she has one or from the EEA/British spouse).

My wife time line :
- June 2004 Arrived in the UK with 1-Year EEA Family permit
- Sept 2005 EEA2 stamp (Resident Document) valid until Sept 2010
- June 2009 My wife applied for British Citizenship based on the above laws
and described.
- Sept 2009 British Citizenship Application successful
- Oct 2009 British Citizenship ceremony
- Oct 2009 British Passport

If anyone is in the same situation and unless the current Citizenship Law does not change, the above is what you can do legally.

Posted: **Wed Sep 15, 2010 11:04 pm**

eldane wrote:European Nationals and their non EEA family members, making an application under the Free Movement of Persons provisions (not Immigration Rules based).

Applying for naturalisation under BNA 1981 is not making an application under the Free Movement of Persons provisions.

Non-EEA Spouse Naturalisation Success wrote:4- Life in the UK test pass certificate

Posted: **Thu Sep 16, 2010 12:23 am**

Wow that seems interesting ...it mean i can apply in April 2015 ...or 3 months earlier as one can submit application early...

eldane wrote:http://www.britishtest.com/help

Questions about the Life in the UK Test

Who doesn't have to write the test?

People under 18 and over 65.
Foreign and Commonwealth citizens on discharge from HM Forces, including Ghurkas.
Spouses of Foreign and Commonwealth citizens on discharge from HM Forces, including Ghurkas.
Victims of domestic violence.
Bereaved Spouses/Bereaved Unmarried Partners/Bereaved Civil Partners.
Parents/Grandparents/Other Dependant Relatives - applications made under Paragraph 317 of the Immigration Rules.
European Nationals and their non EEA family members, making an application under the Free Movement of Persons provisions (not Immigration Rules based).
Turkish nationals applying under ECAA.
Persons applying for settlement following 5 years leave as a refugee.
Persons applying for settlement following 6 years Discretionary Leave.
Persons applying for settlement following 4 years Exceptional Leave To Remain.
Persons applying for settlement following 5 years Humanitarian Protection.
Applicants granted settlement outside of the Immigration Rules.
Mean while.....

http://www.lifeintheuk.org/mod/forum/di ... p?d=764610

Non-EEA Spouse Naturalisation Success
by Mohammed Ali - Wednesday, 10 February 2010, 04:04 PM

To whom it my concern.
I would like to share this information with anyone that is in the same boat as my wife was and how she was successful with her Naturalisation application.

- I am EEA citizen and living since 1999 in UK. Working since that time with full P60. I held in Y04 the IRL.

- My wife a NON-EEA arrived in the UK in June 04. Held a 1Y Family Permit of EEA.
She is house wife and not working (Her Family Permit is depended on me)

- In Y05, my NON-EEA wife applied for her EEA2 and got it for 5-Years, which expires in Sept 2010.

- In Y08 I "a EEA citizen" my Naturalisation application was successful and became British citizen.

- In June 2009, my wife finished her 5-Year stay and automatically held the "Permanent Residency" based on the UK EEA law. She did not need to apply for EEA4. It was not a must.

Because she holds a EEA2 permit valid until Sept 2010, and she is allowed to apply for British Citizenship on June 2010 (One-Year on Permanent Residency rule), she really did not need to send her passport to get EEA4 and everybody in EEA rule knows how long that take

BUT, there is a short cut, UK citizenship law for EEA and their family member either EEA or NON-EEA states that the family member can skip that one year Permanent Residency status if his/her EEA spouse in the mean time has become a British Citizen.
All this info is clear on The UK Border Agency website.

This meant, because I (The husband) am now also British Citizen, my wife did not need to wait for one year on her "Automatic" Permanent Residency and is able to apply for British Citizenship in June 2009, the day she got her Automatic EEA Permanent Residency.

This saved her two things:
1- No need to send her passport to get EEA4 stamp (Lord knows how long that would have taken)
2- Reduced her Residency Rule for EEA and thier Family member (NON-EEA) from 6-years (5 years EEA2 & 1 Year PR) to 5-years.

Now, because she is not working and never worked yet (looking after our kids at home), these are the documents needed for her Naturalisation Application.

NOTE: I would advice anyone in the same situation as my wife was to send their naturalisation application via Council service "Nationality Checking Service". In my wife case, while we where there, they called direct the Naturalisation Case worker who knew very well all the laws and rule and confirmed the above and short cuts and the documents needed.

So here ware the documents needed in the case of my wife:

Note: Services via Nationality Checking Service, you can keep the original
documents + passports. They certify the photo copies.

1-The Husband EEA & British passport
2- The Husband Naturalisation as British Citizenship certificate.
3- The Wife (Applicant) NON-EEA passport (with EEA2 stamp)
4- Life in the UK test pass certificate
5- Since the wife does not work, the then Husband last 6-years P60
6- Letter from GP or Dentist confirming that the wife has been registered at them for the past 5-years and is regularly visiting the practice (This proves that she has been resident in the UK for 5-years, as she does not have P60).
7- Our marriage certificate
8- Up-to-date Council Tax statement (To confirm the address)
9- Utility Bill as another confirmation of address
10- Last three months Bank statement (Applicant if he/she has one or from the EEA/British spouse).

My wife time line :
- June 2004 Arrived in the UK with 1-Year EEA Family permit
- Sept 2005 EEA2 stamp (Resident Document) valid until Sept 2010
- June 2009 My wife applied for British Citizenship based on the above laws
and described.
- Sept 2009 British Citizenship Application successful
- Oct 2009 British Citizenship ceremony
- Oct 2009 British Passport

If anyone is in the same situation and unless the current Citizenship Law does not change, the above is what you can do legally.

Posted: **Sat Sep 25, 2010 5:14 pm**

Guys, thank you all for the responses.

I have another query in relation to my earlier question.

Is there any benefit of applying for PR after 5 years? Can't I apply direct for british citizenship after 6 years?

I think the only difference is that if you get PR document after 5 years, then you don't have to send in all the documentation to show your presence in UK for last 6 years at the time of citizenship application, but the PR document would be sufficient.

Or is there any other benefit of getting PR document, which I am unaware of?

Thanks in anticipation

Posted: **Mon Sep 27, 2010 3:25 am**

If you were already eligible for British citizenship you don't have to do EEA3, but it will make the process simpler if you already have it.

Are you aware that your Norwegian citizenship will be revoked as soon as you become British, and is this a problem?

Posted: **Mon Sep 27, 2010 9:25 pm**

@JAJ, yup I realize that my Norwegian nationality would be revoked.

So, if I'll get a PR now (I have been living since 5 years in UK), I will not need to send P60's etc., again at the time of applying for British citizenship but my PR doc would be sufficient, am I right?

However, if I apply for citizenship after 2 years of getting PR, will I be required to send proof of UK stay for 2 years at the time of applying for citizenship? i.e. to cover the time period of stay after getting PR or will my PR document would be sufficient?

Will appreciate people's opinion on this matter
Thanks

Posted: **Mon Nov 08, 2010 10:36 pm**

ammirza wrote:@JAJ, yup I realize that my Norwegian nationality would be revoked.

So, if I'll get a PR now (I have been living since 5 years in UK), I will not need to send P60's etc., again at the time of applying for British citizenship but my PR doc would be sufficient, am I right?

However, if I apply for citizenship after 2 years of getting PR, will I be required to send proof of UK stay for 2 years at the time of applying for citizenship? i.e. to cover the time period of stay after getting PR or will my PR document would be sufficient?

Will appreciate people's opinion on this matter
Thanks

Have the same questions, did you have any more information please?
I just had my PR and wondering which documents i need to submit now, for last year or for 6 years (including 5 years as EEA dependant).
Thanks.

Posted: **Tue Nov 09, 2010 3:04 am**

See also The documents we require for naturalisation applications and Naturalization after PR â€“ Shocking Revelations from NCS.

Posted: **Tue Nov 09, 2010 8:55 am**

vinny wrote:See also The documents we require for naturalisation applications and Naturalization after PR â€“ Shocking Revelations from NCS.

Thank you vinny for pointing me to this topic, i found this information very usefull!

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