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EEA3 Or Naturalisation

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

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borek
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EEA3 Or Naturalisation

Post by borek » Tue Jul 17, 2012 7:18 am

Hi all.

I am about to apply for permanent resident permit for eea citizen. However while i was browsing in topics i found that there are people claiming that they have had their citizenship directly without applying for Permanent resident permit on EEA3. Is that true?

I have been living in UK and working for the same employer for over 6 years now. I am from one of the A8 countries and registered WRS when i started working. I have all my p60s and bank statements from the very beginning.
So the question is, shall i apply for RP on EEA3 or I can go directly for Naturalisation?

Thank you

Jambo
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Post by Jambo » Tue Jul 17, 2012 10:29 am

Under EEA regulations, PR is obtained automatically after 5 continuous years exercising treaty rights. The HO just confirms that status when applying using EEA3. Applying for PR confirmation is optional.

You can apply for naturalisation 1 year after PR was obtained (so 6 years in the UK). If you wish, you can apply for naturalisation directly.

The application form has a section for EEA nationals (Q2.4-2.6) which covers this scenario. Basically, the HO will examine the evidence to determine you have obtained PR at least one year before applying. You will need to submit evidence (P60s, letter from employer) to prove your claim (similar evidence to what a EEA3 application requires).

The only risk is losing the application fee (£850) if the HO are not convinced you have obtained PR. If your case is straightforward (6 years of employment, WRS registered), this risk is small.

borek
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Post by borek » Tue Jul 17, 2012 10:57 am

Jambo wrote:Under EEA regulations, PR is obtained automatically after 5 continuous years exercising treaty rights. The HO just confirms that status when applying using EEA3. Applying for PR confirmation is optional.

You can apply for naturalisation 1 year after PR was obtained (so 6 years in the UK). If you wish, you can apply for naturalisation directly.

The application form has a section for EEA nationals (Q2.4-2.6) which covers this scenario. Basically, the HO will examine the evidence to determine you have obtained PR at least one year before applying. You will need to submit evidence (P60s, letter from employer) to prove your claim (similar evidence to what a EEA3 application requires).

The only risk is losing the application fee (£850) if the HO are not convinced you have obtained PR. If your case is straightforward (6 years of employment, WRS registered), this risk is small.
Thank you jambo!

is it safer to apply for PR on EEA3 first and after a year waiting, apply for naturalisation? Because I can wait another year that's not a problem.

Thanks

Jambo
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Post by Jambo » Tue Jul 17, 2012 3:14 pm

Your case seems straightforward and as I said the chances for the HO not confirming your PR are small so you can apply directly.

If you do wish to reduce the small risk even further but not to wait a year, you can apply for PR confirmation (EEA3) using evidence from July 2006-July 2011 (i.e. for 5 years ending one year ago). If this is granted (should take about 2-3 months), apply using the same evidence for naturalisation. Although you can't use the PR confirmation for the naturalisation application (as it would be dated to the date of the decision), you can be assured that the HO agrees that PR was obtained at least one year before applying for naturalisation.

You will also need to pass the Life in the UK test before applying.

borek
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Post by borek » Wed Jul 18, 2012 8:05 am

Jambo wrote:Your case seems straightforward and as I said the chances for the HO not confirming your PR are small so you can apply directly.

If you do wish to reduce the small risk even further but not to wait a year, you can apply for PR confirmation (EEA3) using evidence from July 2006-July 2011 (i.e. for 5 years ending one year ago). If this is granted (should take about 2-3 months), apply using the same evidence for naturalisation. Although you can't use the PR confirmation for the naturalisation application (as it would be dated to the date of the decision), you can be assured that the HO agrees that PR was obtained at least one year before applying for naturalisation.

You will also need to pass the Life in the UK test before applying.
Yeah i have totally forgotten about the Life in the UK test. I need some preparation for that anyway. So i think i'll go for PR first so i have a whole year to get the Life in the UK test done. I only want this just to make my status official since this is the country i want to live in the rest of my life. No other reason.

Thanks for your time Jambo.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 22, 2012 2:42 am

Be aware that there are some downsides to naturalizing. See http://eumovement.wordpress.com/2012/07 ... y-british/

It is unclear if these can stand a legal challenge, but it is something worth being aware of.

Plum70
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Post by Plum70 » Sun Jul 22, 2012 4:58 pm

Directive/2004/38/EC wrote:Be aware that there are some downsides to naturalizing. See http://eumovement.wordpress.com/2012/07 ... y-british/

It is unclear if these can stand a legal challenge, but it is something worth being aware of.
Directive, will this new law affect my husband and I?:

I am a non-EEA spouse and my husband is Swiss. He hopes to naturalise as British in September/October '12, I will automatically attain PR in Nov '12 and will apply for confirmation based on my husband's economic activity in the UK for the las 5 years.

Is it best that he holds off naturalising till I have attained confirmation of PR? Or am I misinterpreting things?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 22, 2012 9:16 pm

Plum70 wrote:
Directive/2004/38/EC wrote:Be aware that there are some downsides to naturalizing. See http://eumovement.wordpress.com/2012/07 ... y-british/

It is unclear if these can stand a legal challenge, but it is something worth being aware of.
Directive, will this new law affect my husband and I?:

I am a non-EEA spouse and my husband is Swiss. He hopes to naturalise as British in September/October '12, I will automatically attain PR in Nov '12 and will apply for confirmation based on my husband's economic activity in the UK for the las 5 years.

Is it best that he holds off naturalising till I have attained confirmation of PR? Or am I misinterpreting things?
There is a "transition clause" in the new rules. I do not know them well enough. You will need to go through them.

I would guess that you will be fine, but you definitely should check!

Was your husband in the UK before you came? See http://eumovement.wordpress.com/2011/05 ... nce-begin/ for some general clock counting information

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Jul 22, 2012 9:24 pm

Plum70 wrote:
Directive/2004/38/EC wrote:Be aware that there are some downsides to naturalizing. See http://eumovement.wordpress.com/2012/07 ... y-british/

It is unclear if these can stand a legal challenge, but it is something worth being aware of.
Directive, will this new law affect my husband and I?:

I am a non-EEA spouse and my husband is Swiss. He hopes to naturalise as British in September/October '12, I will automatically attain PR in Nov '12 and will apply for confirmation based on my husband's economic activity in the UK for the las 5 years.

Is it best that he holds off naturalising till I have attained confirmation of PR? Or am I misinterpreting things?
Plum, I don't think you have anything to worry about. To give you peace of mind, why not wait until you have personally achieved PR, you are only talking about 1 - 2 months at most!

Best of luck.

Jambo
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Post by Jambo » Sun Jul 22, 2012 9:55 pm

Plum70 wrote: Directive, will this new law affect my husband and I?:

I am a non-EEA spouse and my husband is Swiss. He hopes to naturalise as British in September/October '12, I will automatically attain PR in Nov '12 and will apply for confirmation based on my husband's economic activity in the UK for the las 5 years.

Is it best that he holds off naturalising till I have attained confirmation of PR? Or am I misinterpreting things?
Plum,

First, the changes only affect new applications under EEA regulations not those who are already under the regulations.

Second, even if your husband applies in Spetember, he won't be British before January at best (3-4 months for a decision + Christmas + booking a ceremony) so there is nothing to worry about.

Plum70
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Post by Plum70 » Sun Jul 22, 2012 10:18 pm

@Directive: My husband arrived slightly after I did.

@EUsmile and Jambo: Thanks - Makes sense to get confirmation of PR anyway and I will be doing so probably after the festive holidays. I didn't accurately factor in how long BC applications take and must remember that it is not a given that either of us is granted citizenship!

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Jul 22, 2012 10:56 pm

Plum70 wrote:@Directive: My husband arrived slightly after I did.
Interesting! Did you enter the UK on the basis of being the spouse of an EU citizen?

Have you and he both been continually resident in the UK since you arrived, except for the normal holidays and breaks of a few months per calendar year?

Plum70
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Post by Plum70 » Mon Jul 23, 2012 4:47 pm

Directive/2004/38/EC wrote:
Plum70 wrote:@Directive: My husband arrived slightly after I did.
Interesting! Did you enter the UK on the basis of being the spouse of an EU citizen?

Have you and he both been continually resident in the UK since you arrived, except for the normal holidays and breaks of a few months per calendar year?
No, I arrived as a student. He has been continually resident since '04.

zahid_iyaz
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EEA3 & naturalization

Post by zahid_iyaz » Tue Aug 21, 2012 3:41 am

Hi all,

applying next month EEA3 from 2005-2011, six years
After receiving PR, should wait for 1 year for nationality or can apply straight away after getting confirmation of PR from HO??

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