Partner of a German national and UK settled person

Hello all
I am a Non EEA partner of a German citizen who has got permenant residence in the UK.
I am wondering if anyone can tell me whether I can apply for naturalization in the UK after 3 or 6 years?
As I read that if a partner of a British citizen or 'SETTLED PERSON' will be eligible to gain British citizenship after 3 years.
Another saying is that I still need to follow the EEA route if I am a EEA dependent? I am really confused now cos if he is settled and been living here over 5 years, do i still need to live another 6 years before gaining the British citizenship?

Please advise! What can we do so we do to gain a faster route.

Many thanks

Until July 2011 when the law changes:

Under UK route - naturalisation after 3 years provided that ILR is obtained or an application for ILR has been made by July 2011 even though yet to be approved.

Under EU route - naturalisation after 6 years. If EU national has dual citizenship, one of them British, then naturalisation for non-EEA family member can be immediately after PR is acquired.

No chopping and changing btwn the EU and UK route - It's one or the other.

Plum70 wrote:Until July 2011 when the law changes:

Under UK route - naturalisation after 3 years provided that ILR is obtained or an application for ILR has been made by July 2011 even though yet to be approved.

Under EU route - naturalisation after 6 years. If EU national has dual citizenship, one of them British, then naturalisation for non-EEA family member can be immediately after PR is acquired.

No chopping and changing btwn the EU and UK route - It's one or the other.

Thanks so much for your response.

So does it mean I can apply ILR myself AFTER 3 YEARS if my German partner has got permenant residence? I am just not sure if I am eligible to do in the UK route as my partner is EEA national?!

Also what will be the law change after Junly 2011?

Clue: Are you residing in the UK under the EU route or UK route? i.e. do you hold a residence card bearing "non-EEA family member of a EU/EEA/Swiss national" OR a UK spouse visa?

July 2011 - proposed change to the UK citizenship law. See the UKBA website for the details.

Plum70 wrote:Clue: Are you residing in the UK under the EU route or UK route? i.e. do you hold a residence card bearing "non-EEA family member of a EU/EEA/Swiss national" OR a UK spouse visa?

July 2011 - proposed change to the UK citizenship law. See the UKBA website for the details.

Thanks for your reply. I have not applied yet so I want to know how this works better for me and what options are available in my case.

EEApartner wrote: I have not applied yet so I want to know how this works better for me and what options are available in my case.

What are you yet to apply for?

Under EEA Rules it's six years or five if the the EEA National becomes a BC too, if the EEA National becomes a BC then it's possible to apply under UK rules and natualise in three years, tho this isn't free, budget £2k....

Plum70 wrote:

EEApartner wrote: I have not applied yet so I want to know how this works better for me and what options are available in my case.

What are you yet to apply for?

I do not know if I am eligible to apply under UK law as my partner is German. However he gets permenant residence as exercising treaty rights in the UK for 5 years. So in my case, I wonder if he cud be considered as 'settled person' in UK law. Only if he is considered as such, then I can apply under UK law as his dependent then?!

Wanderer wrote:Under EEA Rules it's six years or five if the the EEA National becomes a BC too, if the EEA National becomes a BC then it's possible to apply under UK rules and natualise in three years, tho this isn't free, budget £2k....

No I do not think he wishes to become BC I know this would make everything easier. I just wonder if a German National can be considered as 'settled person'.

EEApartner wrote:

Wanderer wrote:Under EEA Rules it's six years or five if the the EEA National becomes a BC too, if the EEA National becomes a BC then it's possible to apply under UK rules and natualise in three years, tho this isn't free, budget £2k....

No I do not think he wishes to become BC I know this would make everything easier. I just wonder if a German National can be considered as 'settled person'.

No, not settled under UK immigration rules - they are disticnt and several. U as the non EEA person can only apply under EEA rules or UK rules if the EEA member also has UK ILR or citizenship, if not, u stuck on the EEA route and a six year wait if the EEA national is not willing to become a BC when he qualifies.

One or the other I'm afraid!

Wanderer wrote:

EEApartner wrote:

Wanderer wrote:Under EEA Rules it's six years or five if the the EEA National becomes a BC too, if the EEA National becomes a BC then it's possible to apply under UK rules and natualise in three years, tho this isn't free, budget £2k....

No I do not think he wishes to become BC I know this would make everything easier. I just wonder if a German National can be considered as 'settled person'.

No, not settled under UK immigration rules - they are disticnt and several. U as the non EEA person can only apply under EEA rules or UK rules if the EEA member also has UK ILR or citizenship, if not, u stuck on the EEA route and a six year wait if the EEA national is not willing to become a BC when he qualifies.

One or the other I'm afraid!

How can an EEA member applies for UK ILR without forsaking his German citizenship? I thought ILR is same as permenant residence EEA3 after living in the UK for 5 years? SO does it mean EEA3 is different from ILR then? So in my case, my partner needs to fill out one of the following form then?
http://www.bia.homeoffice.gov.uk/settle ... tiontypes/

Sorry for this long thread! Thanks for all of your advice!!

EEApartner wrote:

Wanderer wrote:

EEApartner wrote:

Wanderer wrote:Under EEA Rules it's six years or five if the the EEA National becomes a BC too, if the EEA National becomes a BC then it's possible to apply under UK rules and natualise in three years, tho this isn't free, budget £2k....

No I do not think he wishes to become BC I know this would make everything easier. I just wonder if a German National can be considered as 'settled person'.

No, not settled under UK immigration rules - they are disticnt and several. U as the non EEA person can only apply under EEA rules or UK rules if the EEA member also has UK ILR or citizenship, if not, u stuck on the EEA route and a six year wait if the EEA national is not willing to become a BC when he qualifies.

One or the other I'm afraid!

How can an EEA member applies for UK ILR without forsaking his German citizenship? I thought ILR is same as permenant residence EEA3 after living in the UK for 5 years? SO does it mean EEA3 is different from ILR then? So in my case, my partner needs to fill out one of the following form then?
http://www.bia.homeoffice.gov.uk/settle ... tiontypes/

Sorry for this long thread! Thanks for all of your advice!!

He can, Germany does not allow dual citizenship normally but does in the case of another EEA citizenship.

ILR is UK immigration rules - nothing to do with EEA rules, the equiv. is PR.

So ur partner can apply for British Citizenship but not for free, as UK rules apply and costs too!

I think tho he has to have lived here for five years under EEA rules, or two/three if married to a UK citizen which obviously doesn't apply to you.

Confused? It's a minefield.....

Wanderer wrote:

EEApartner wrote:

Wanderer wrote:

EEApartner wrote: No I do not think he wishes to become BC I know this would make everything easier. I just wonder if a German National can be considered as 'settled person'.

No, not settled under UK immigration rules - they are disticnt and several. U as the non EEA person can only apply under EEA rules or UK rules if the EEA member also has UK ILR or citizenship, if not, u stuck on the EEA route and a six year wait if the EEA national is not willing to become a BC when he qualifies.

One or the other I'm afraid!

How can an EEA member applies for UK ILR without forsaking his German citizenship? I thought ILR is same as permenant residence EEA3 after living in the UK for 5 years? SO does it mean EEA3 is different from ILR then? So in my case, my partner needs to fill out one of the following form then?
http://www.bia.homeoffice.gov.uk/settle ... tiontypes/

Sorry for this long thread! Thanks for all of your advice!!

He can, Germany does not allow dual citizenship normally but does in the case of another EEA citizenship.

ILR is UK immigration rules - nothing to do with EEA rules, the equiv. is PR.

So ur partner can apply for British Citizenship but not for free, as UK rules apply and costs too!

I think tho he has to have lived here for five years under EEA rules, or two/three if married to a UK citizen which obviously doesn't apply to you.

Confused? It's a minefield.....

I did not know dual citizenship is allowed in this case, if so, it would be good still if he attains British citizenship while keeping his German one!

Many thanks

EEApartner wrote:

Wanderer wrote:

EEApartner wrote:

Wanderer wrote:
No, not settled under UK immigration rules - they are disticnt and several. U as the non EEA person can only apply under EEA rules or UK rules if the EEA member also has UK ILR or citizenship, if not, u stuck on the EEA route and a six year wait if the EEA national is not willing to become a BC when he qualifies.

One or the other I'm afraid!

How can an EEA member applies for UK ILR without forsaking his German citizenship? I thought ILR is same as permenant residence EEA3 after living in the UK for 5 years? SO does it mean EEA3 is different from ILR then? So in my case, my partner needs to fill out one of the following form then?
http://www.bia.homeoffice.gov.uk/settle ... tiontypes/

Sorry for this long thread! Thanks for all of your advice!!

He can, Germany does not allow dual citizenship normally but does in the case of another EEA citizenship.

ILR is UK immigration rules - nothing to do with EEA rules, the equiv. is PR.

So ur partner can apply for British Citizenship but not for free, as UK rules apply and costs too!

I think tho he has to have lived here for five years under EEA rules, or two/three if married to a UK citizen which obviously doesn't apply to you.

Confused? It's a minefield.....

I did not know dual citizenship is allowed in this case, if so, it would be good still if he attains British citizenship while keeping his German one!

Many thanks

However going back to the question, if I am a dependent of EEA national, after residing 6 years (under the current law), I can do naturalization as British citizen if my partner is EEA not British citizen?

So he should apply for UK citizenship asap, bear in mind that as I've said, residency is covered by both UK and EEA routes, citizenship is not - UK only which means pay!

As an EEA citizen he is not required to take the KOL test, ie knowledge of life in UK, but is required to fill in the form and pay the fee, £720 at the moment I think.

I still feel that u as a then spouse of a UK citizen will need to fulfill the three years, possibly two if u've lived in UK on other visas prior to this, that will be from when ur spouse is a UK Cit (I think!), time on EEA permits won't count.

Might be easy and cheaper to stay on EEA Route...

Mit freundlichen Grussen.....

Wanderer wrote:So he should apply for UK citizenship asap, bear in mind that as I've said, residency is covered by both UK and EEA routes, citizenship is not - UK only which means pay!

I do not quite understand this sorry
Can I apply naturalization myself to become British citizen even my partner stays on with his German nationality?
So if I stay on the EEA route as his dependent, I will live here for 5 years and then apply PR. Can I apply independently?

sigh...

EEApartner wrote:

Wanderer wrote:So he should apply for UK citizenship asap, bear in mind that as I've said, residency is covered by both UK and EEA routes, citizenship is not - UK only which means pay!

I do not quite understand this sorry
Can I apply naturalization myself to become British citizen even my partner stays on with his German nationality?

Yes.