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Naturalisation after PR

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PAPITO
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Naturalisation after PR

Post by PAPITO » Fri Feb 01, 2008 7:08 pm

Well, as per my previous post, I am EU national with wife and step daughter non-EU, and a UK born 2 year old son (EU national); Now me and my family have the PR.

In November 2007 I had 5 years in UK, my wife 4, step daughter 3 and 2 years old son who was born in UK (obviously 2).
We were all given PR despite the suggestion in this Forum it will not happen :o But this application is free and it was worth the risk. I hope it will encourage other members with similar situation to give it a shot. i did sent the 2 applications together with a covering letter.

Does somebody know the best route to get British citenzenship (specially for Wife and Step daughter as they are non-EU members)?

I belive their options are:

1) My wife to wait until she have 5 years in October 2008, apply and if given register or apply for her daughter later. But I don't know if she instead have to wait 6 years (5 +1 PR).

2) I apply for British nationality and once I get it my wife can apply as married to UK citizen (but not sure if time spend as EU dependant can count towards the needed 3 years living in the UK when applying for this)

I am very confused as to which is the correct action to take :?

What are my sons options? it seems I can apply for him now as I am settled and he was born in UK.
What are my Step daughter options?

Any professional advice or similar situation history shared will be appreciated. :)

This time the application is very expensive lol :shock: :shock:

Thanks to all in this forum for the work done.

JAJ
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Re: Naturalisation after PR

Post by JAJ » Sat Feb 02, 2008 1:54 am

PAPITO wrote:Well, as per my previous post, I am EU national with wife and step daughter non-EU, and a UK born 2 year old son (EU national); Now me and my family have the PR.

In November 2007 I had 5 years in UK, my wife 4, step daughter 3 and 2 years old son who was born in UK (obviously 2).
We were all given PR despite the suggestion in this Forum it will not happen :o But this application is free and it was worth the risk. I hope it will encourage other members with similar situation to give it a shot. i did sent the 2 applications together with a covering letter.
PR under the EEA rules is an automatic process of law, so if they have "PR stamps" to which they are not entitled, it might be invalid.

Are you sure they met the requirements for PR?
Does somebody know the best route to get British citenzenship (specially for Wife and Step daughter as they are non-EU members)?

I belive their options are:

1) My wife to wait until she have 5 years in October 2008, apply and if given register or apply for her daughter later. But I don't know if she instead have to wait 6 years (5 +1 PR).
For wife, it's 5 years legal residence, including 1 year with PR.
If you become British first, then 3 years legal residence + PR status is enough.

If you wait and apply for naturalisation at the same time, the one fee will cover both of you.

You should both do the Life in the UK Test.
2) I apply for British nationality and once I get it my wife can apply as married to UK citizen (but not sure if time spend as EU dependant can count towards the needed 3 years living in the UK when applying for this)
Any legal residence counts to the 3 year rule.
What are my sons options? it seems I can apply for him now as I am settled and he was born in UK.
Yes.
What are my Step daughter options?
Daughter can be registered as British when wife naturalises, if still under 18. How old is she?

Bear in mind that if you apply for your son and daughter at the same time, the same GBP400 fee (currently) will cover both applications.

Your other posts suggest you are German. Apparently permission to become British (and keep German citizenship) is now a formality, but you may still need to ask for it. Write to the German Embassy.

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Post by PAPITO » Sat Feb 02, 2008 12:57 pm

Hi JAJ
Thanks for looking and reply to my post.
PR under the EEA rules is an automatic process of law, so if they have "PR stamps" to which they are not entitled, it might be invalid.

Are you sure they met the requirements for PR?
When I sent the applications for wife and daughter no one lied and all the right and correct information was sent to them, it is at discretion of the HO to accept (as I mentioned in my cover letter) that my family should have the same legal status as me as per EU regulations. HO agreed to it.
How can the stamps/status be invalid :?:
Besides they have the information when they entered the country as we all have the same reference when the Family permit was given to all of us.
Plus Passport showing entries, etc. No way HO made a mistake.
I have seen this happening to another friend who now is British, so it most be HO looking at individual cases.

Worth mentioning I've been always self suficient and never claimed any benefits and still not, so no source from public funds from me, good character, no court problems.

I will wait until November 2008 when I will have 6 years living in UK (5 + 1 with PR), my wife should have 5 years in UK (4 + 1 with PR)
Is this correct?

please let me know.
Many thanks

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Post by JA13I » Sat Feb 02, 2008 9:13 pm

We were all given PR despite the suggestion in this Forum it will not happen
PAPITO, I do not believe that the advice given here was as you have mentioned at all. It fact your application was supported with full confidence in the possible incompetence of the HO workforce. The wordings, I believe, were-
They will have to stay here for a total of 5 years for them to obtain PR and applying with you should end up in rejection. Why should? This is the HO we are talking about and sometimes I get the feeling that they themselves have no clue what rules to apply and when! So, if you were to try and succeed as it is a free application anyway, do come back and let us know. It would be one for the files here!
While I do not agree that the PR could be invalid just because it has not been issued as per as having met all the EU requirements, I do believe that the HO has erred as per as the letter of the law is concerned in issuing the PRs to the rest of your family.
I will wait until November 2008 when I will have 6 years living in UK (5 + 1 with PR), my wife should have 5 years in UK (4 + 1 with PR)
Is this correct?
Yes! As mentioned in my reply in the other thread, November 2008 is the time for all that to happen.
Jabi

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Post by PAPITO » Mon Feb 04, 2008 3:29 pm

You got the wrong end of the stick.

My intention is only to highlight to other readers of this forum that are in the same/similar situation and to encourage them to apply. I was successful and have seemed 2 friends been successful too.

I’ve been advised several times it won't happen, but yes also been given advice to go ahead because it is a free aplication. I am only sharing my experience.

Now I am going for the citizenship in November/08 and will let you all know the outcome.

By the way the German Embassy in London has confirm they law have change from last year and they accept dual nationality (with EU countries), there is no need to apply for permission anymore.

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