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Spouse Naturalization EEA citizens

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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pioca10
Newly Registered
Posts: 2
Joined: Sat Aug 04, 2012 10:12 pm

Spouse Naturalization EEA citizens

Post by pioca10 » Sat Aug 04, 2012 10:42 pm

Hi All,

Myself and my wife are EEA citizens.
I working in UK continously from 14/01/2008.
My wife gained British Citizenship on 20/06/2012 and she also held the Citizenship Certificate.

My questions:

1, As my wife has become a British citizen can I apply BC Naturalisation as spouse of British citizen after completed 3 years work in the UK or I have to wait another 3 year from the date she obtained her BC?

2, For spouse naturalization shall be attached the original marriage certificate?

3, Should be certified translation?

4, If so which one of the following?
Basic (Signed and stamped)
Sworn
Notarised
Apostille

5,The translator must be a member of ATC?

Thank you and best regards

mcovet
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Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Re: Spouse Naturalization EEA citizens

Post by mcovet » Sat Aug 04, 2012 11:29 pm

pioca10 wrote:Hi All,

Myself and my wife are EEA citizens.
I working in UK continously from 14/01/2008.
My wife gained British Citizenship on 20/06/2012 and she also held the Citizenship Certificate.

My questions:

1, As my wife has become a British citizen can I apply BC Naturalisation as spouse of British citizen after completed 3 years work in the UK or I have to wait another 3 year from the date she obtained her BC?

2, For spouse naturalization shall be attached the original marriage certificate?

3, Should be certified translation?

4, If so which one of the following?
Basic (Signed and stamped)
Sworn
Notarised
Apostille

5,The translator must be a member of ATC?

Thank you and best regards
you should acquire PR if you continue working on 14.1.13 (5 years exercising treaty rights). After that, instead of waiting for a year you can apply IMMEDIATELY on 14.1.13 to become a British Citizen, you will need to provide evidence proving your that you acquired PR and provide your wife's British passport.

As regards translation you will need it certified as true translation in your embassy (ideally) although a notary public can certify translation as true.

Some countries may require your certificate of marriage to be APOSTILLED (which means it is confirmed issued by a register office in your country). But UK caseworkers are not that detailed and may not know this.

pioca10
Newly Registered
Posts: 2
Joined: Sat Aug 04, 2012 10:12 pm

Post by pioca10 » Sun Aug 05, 2012 9:16 am

Hi mcovet

Thanks your quick response.

Your wrote that I must wait for the expiration of five years until 14.1.13.(5 years exercising treaty rights).
In my opinion, this is not it should be!
Examine the Requirements for Residential of BC naturalisation as spouse of BC.
I consider that here enough 3 years qualifying for Permanent Residency as a spouse of BC, instead of 5 years treaty rights.

Let me quote from the relevant provision:
Residential Requirements
If an applicant is married to or is the civil partner of a British citizen, they are under legal obligation to accomplish the residential requirements, which are as follows:
Must be residing in the UK for at least 3 years prior to application (this is considered the residential qualifying period).
During the residential qualifying period, they must not have spent more than 270 days outside the UK.
In the last 12 months of the 3 year tenure, the applicant must not have spent more than 90 days outside the UK.
The applicant must not have breached any immigration rules during the residential qualifying period.
What is your opinion about this?
Thank you

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Mon Aug 06, 2012 8:19 am

You forgot there is another requirement which is to be free from immigration control on the day of application (i.e. hold ILR/PR). PR status is obtained after 5 years living under the EEA regulations so although only 3 years of residence is the qualifying period, you can't apply before 5 years.

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