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ILR OR CITIZENSHIP

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Firas
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Posts: 1
Joined: Thu Jul 17, 2008 9:57 am
Location: Cambridge

ILR OR CITIZENSHIP

Post by Firas » Thu Jul 17, 2008 10:18 am

I am a dual national (Holder of Irish passport as well as a British passport)
I was born in the Uk from Irish parents.
I got married to a non EEA national in 2004 who has claimed asylum previously and was unsuccessful.
We live in England a happy subsiding marriage in our owned house
We are both in full time empolyment.
My Husband was issued with a family permit for 5 years (stamp on his passport)as a family member of an EEA national, who is resident in the uk in the exercise of a treaty right herbly given until 16th June 2010.
This clearly shows that we have been married for nearly 4 years now.
Our case was dealt with on the basis of EU rules:
Is it possible to apply for Naturalization for my husband under British Laws.Does he need to have ILR anyway before he is entiteled for naturalization or is it ok to bypass this as he has been living in the UK for more than 4 years now?
OR in the professionals opinion do you see any way either by of improving the situation to allow him to travel more freely as at present it is very difficult and nightmare to go to embassys


I have researched the routes to naturalization of the internet and this is what I found But it is very confusig for me.

British Nationality by Marriage:

being three years in this case is the period ending with the date the application is received by the Home Office. The residence requirements in more detail are as follows:

The candidate must have been in the United Kingdom at the beginning of the 3 year period; and
On the date that the candidate's application is received in the Home Office, their stay in the United Kingdom must be not subject to any time limit under the immigration laws; and
In the 3 year period the candidate must not have been outside the United Kingdom for more than 270 days; and
In the last 12 months of the five year period the candidate must not have been outside the UK for more than 90 days; and
The candidate must not have been in the United Kingdom in breach of the immigration laws at any time in the 3-year period.

Any help would be great.
Thanks in advance

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jul 17, 2008 12:22 pm

Requirements for naturalisation if you are married to or the civil partner of a British citizen wrote:Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Thu Jul 17, 2008 8:38 pm

He cannot apply for neither ILR nor naturalisation, because he is not here under the British immigration rules...he has a residence card based on the EU immigration rules. Imagine it as two different routes, whereby you cannot choose which rules you fall under unless you change the route completely (and therefore reset your immigration clock).

He would obtain permanent residency...the EU equivalent of ILR in the UK...after 5 years (automatically and free of charge) in the UK. After this, he can apply immediately for naturalisation, based on your British citizenship. If he obtained his residence card in 2004, he qualifies for this sometime in 2009.

In order to apply for naturalisation, he must have either PR or ILR...this is a standard requirement for all applicants.

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