British Citizenship

rasouza2002 · Post by **rasouza2002** » Mon May 28, 2012 10:44 am

I am Civil Partner of an Irish Citizen who also holds a British Passport, can I apply for a British Naturalization after 3 years as he is British or do I have to wait 5 years as we used his Irish Passport when we got married in the UK?

friendinneed · Post by **friendinneed** » Mon May 28, 2012 12:08 pm

If they hold a british passport then they are a british citizen, the fact they are dual nationality irish as well makes no difference.

I am thinking that you are miss using the term Civil Partner - this is the term for the current gay equivalent to marriage? Are you gay and already "married" or are you meaning common law spouse - ie living as man and wife but not actually married?

If you are married or civil partnership AND you are free from immigration control you may as well do the BC after 3 years as there is no benefit of waiting an additional 2.

Greenie · Post by **Greenie** » Mon May 28, 2012 12:20 pm

what do you mean you 'used his Irish citizenship' when you got married in the UK? Do you mean you applied to remain here under the EEA regulations?

asim72 · Post by **asim72** » Mon May 28, 2012 1:16 pm

deleted

friendinneed · Post by **friendinneed** » Mon May 28, 2012 1:24 pm

It is spouse or civil partner now. See http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

asim72 · Post by **asim72** » Mon May 28, 2012 1:47 pm

Yes, indeed. I got it wrong. Old things in my mind.
Plus I also did not give thought to the possibility that if somehow OP got into UK under EEA regs then he wont have PR yet and may not qualify for BC.
I better remove my post.

rasouza2002 · Post by **rasouza2002** » Mon May 28, 2012 1:56 pm

Well, I am from Brazil, gay and we got married year ago. When we did get married we used my partners Irish Passport. I am now on a 5 years visa and I just want to know whether will be possible for me to apply for a British Citizenship because my partner is Irish and British as well?

Many thanks!

rasouza2002 · Post by **rasouza2002** » Mon May 28, 2012 2:02 pm

I am not sure about the fact that we used his Irish Passport but he still British as well. Would I have to wait 5 years or regardless my partner's double citizenship can I apply for Naturalization after 3 years?

friendinneed · Post by **friendinneed** » Mon May 28, 2012 2:06 pm

As soon as you have been here 3 years AND you have no immigration restrictions (ie you have ILR or PR) then you can immediately apply for citizenship as the civil partner of a British Citizen (assuming you meet the residency and good character requirements).

As you have a 5 year visa I assume you entered as the civil partner of a british national rather than the non-EEA family member of a EEA citizen?

If it is via the british rather than irish route then after 2 years you can apply for the ILR from what I read (we were the irish route so not as up on the british route law).

If it is via the irish route then you will have to wait 5 years to get PR and also worth reading up on the PR requirements re things like insurance which may count if there is any periods of your partner not working

Greenie · Post by **Greenie** » Mon May 28, 2012 2:14 pm

rasouza2002 wrote:I am not sure about the fact that we used his Irish Passport but he still British as well. Would I have to wait 5 years or regardless my partner's double citizenship can I apply for Naturalization after 3 years?

If you have applied to remain in the UK under the EEA regulations, which appears to be the case as you have a '5 year visa' (in fact this will be a 5 year residence card as the CP of an EEA national) then you cannot apply for citizenship after 3 years because it takes 5 years to acquire permanent residence under the EEA route and you need to be free from immigration time restrictions in order to apply for British citizenship (you need to have permanent residence under the EEA regs, or ILR under the immigration rules).

rasouza2002 · Post by **rasouza2002** » Mon May 28, 2012 2:15 pm

Yes, I entered as the civil partner of member of a EEA citizen (Irish), but he is Irish and British as well. Would I be able to apply after 3 years?

Many thanks!

asim72 · Post by **asim72** » Mon May 28, 2012 2:16 pm

rasouza2002 wrote:Well, I am from Brazil, gay and we got married year ago. When we did get married we used my partners Irish Passport. I am now on a 5 years visa and I just want to know whether will be possible for me to apply for a British Citizenship because my partner is Irish and British as well?

Many thanks!

Can you please do one thing, which will clarify the situation.
Look at you passport and please let us know what exactly it says on the visa vigenette of you passport, plus issue and expiry dates. Just write every word every endorsement/sentence/words mentioned on the vignette/visa sticker.

friendinneed · Post by **friendinneed** » Mon May 28, 2012 2:19 pm

rasouza2002 wrote:Yes, I entered as the civil partner of member of a EEA citizen (Irish), but he is Irish and British as well. Would I be able to apply after 3 years?

No, after 5 years you can apply for PR and after that you can then get British citizenship. As per previous post you need to ensure that your partner is fully compliant with the EEA regulations, especially if they are ever out of work etc

rasouza2002 · Post by **rasouza2002** » Mon May 28, 2012 2:35 pm

Thanks everyone for helping!
My Residence card of a Family Member of an EEA National is valid until 10/2016, issued in Oct/2011
VRGBR.

Does the fact that my partner is British changes anything?

Jambo · Post by **Jambo** » Mon May 28, 2012 3:13 pm

rasouza2002 wrote:My Residence card of a Family Member of an EEA National is valid until 10/2016, issued in Oct/2011

The date on the sticker is irrelevant to PR. you will obtain PR automatically 5 years after your marriage date (assuming your partner is exercising treaty rights the whole period). PR is needed before applying for naturalisation.

Does the fact that my partner is British changes anything?

Yes. It will allow you to apply for BC the day you obtain PR (i.e. after 5 years). If not married to BC, you need to wait 12 months after obtaining PR.

asim72 · Post by **asim72** » Mon May 28, 2012 3:31 pm

rasouza2002 wrote:I am Civil Partner of an Irish Citizen who also holds a British Passport, can I apply for a British Naturalization after 3 years as he is British or do I have to wait 5 years as we used his Irish Passport when we got married in the UK?

OP's question was whether he can apply for BC after he has been in UK for 3 years.

By asking what I asked, I just wanted to ascertain if the OP is under EEA regs or immigration rules.

Jambo has rightly pointed out that he will gain PR on the 5th anniversay of civil partnership, and then apply for BC.

Amber · Post by **Amber** » Sun Nov 17, 2013 3:14 pm

rasouza2002 wrote:Hello, I am a Brazilian National living in the UK. I am on a Civil Partnership with an Irish and UK passport holder.

As we did the whole immigration process using my partner's Irish documents I will have to wait 5 years to apply for my British citizenship.

As my partner is also British I was wondering if I would be somehow entitle to undergo via British Immigration laws and apply for my Citizenship after 2 years.

Can anyone help me with that?

Thank you

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