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EU citizen applying for UK citizenship

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

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Gazza1591
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EU citizen applying for UK citizenship

Post by Gazza1591 » Mon Oct 19, 2015 2:24 pm

Hi all

I'm a UK citizen and have been since birth and my parents are from the UK.

I have a Slovakian girlfriend, she has been in the UK over 10 years now and working all that time. She has inky keft for about 2/3 weeks per year wheb we go away in hokidays and stuff.With the referendum coming up and potentially the UK leaving the EU she is worried she will be forced to go home.

So we have decided to apply for UK citizenship for her, but we have no idea how to even start the process what needs to be done and doesn't need to be can anyone help me out with where to go or what to look at, I have looked in the gov.UK but it all confused me lol. Just after easiest if there is an easy way to apply for it and make sure she does not have to leave if we do leave the EU

Not sure if I need to provide more info let me know if u do.

Thanks for any help or advice in advance.

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Mon Oct 19, 2015 2:30 pm

Gazza1591 wrote:...

So we have decided to apply for UK citizenship for her, but we have no idea how to even start the process what needs to be done and doesn't need to be can anyone help me out with where to go or what to look at, I have looked in the gov.UK but it all confused me lol. Just after easiest if there is an easy way to apply for it and make sure she does not have to leave if we do leave the EU

Not sure if I need to provide more info let me know if u do.

Thanks for any help or advice in advance.
Suggest start here in the forum FAQs for naturalisation:
british-citizenship/citizenship-faqs-co ... 95747.html

See the section on PR for EEA nationals too:
eea-route-applications/eea-faqs-common- ... 14867.html

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Mon Oct 19, 2015 2:54 pm

Looking at that link what does the below mean then ?
Permanent Residence

Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Mon Oct 19, 2015 3:27 pm

Gazza1591 wrote:Looking at that link what does the below mean then ?
Permanent Residence

Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.
PR is one of the essential prerequisites for naturalisation.

To acquire permanent residence it means that the person (EEA national) needs to have been in UK & active in one or more of the following categories (continuously, for 5 years):
Either as a worker;
self-employed;
job-seeker;
student;
or self-sufficient person;

Note if in UK as a student or self-sufficient person they will have to have had health insurance (CSI).
If a student/self-sufficient person did not have CSI (or equivalent, eg an EHIC) then their time in that category won't count towards PR.

Also note: Slovakia is one of the A8 countries. If a Slovakian national was a worker at any time up to 2011 (when WRS was abolished) they would have to have been registered on the WRS scheme.
This is to ensure their time as a worker (up to 2011) will be recognised as counting towards PR.

Hope it makes sense.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Mon Oct 19, 2015 3:41 pm

Hi

Makes sense intill the last bit I'm guessing she is not registered on the WRS scheme what ever this is as we have never heard of it before, so if she is not does this mean she can't apply for residence ?

On a side note, if the UK does leave the EU what will actually happened to all the people from EU countries that are all ready in the UK ?

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Mon Oct 19, 2015 3:50 pm

Gazza1591 wrote:Hi

Makes sense intill the last bit I'm guessing she is not registered on the WRS scheme what ever this is as we have never heard of it before, so if she is not does this mean she can't apply for residence ?

On a side note, if the UK does leave the EU what will actually happened to all the people from EU countries that are all ready in the UK ?
WRS is the 'Worker Registration Scheme'. It was only for A8 nationals (& has ended now); unfortunately it catches out a lot of good, hard-working people.

What is your girlfriend's precise timeline in UK?
Was she working in the UK at any time before/up to 2011?
Has she been doing anything else at all during her time in UK ; (eg studying, self-employed)?

If working but not properly registered on WRS it means her 'PR clock' as a worker would only have started in 2011.
That means PR (as a worker) will not be acquired until sometime in 2016.

if not married to a BC, PR then has to be held for 12 months before applying for citizenship.

If she was here in UK in another category (eg as a student, self-employed etc) then WRS doesn't matter & her PR clock should be ticking away already.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Watandar
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Re: EU citizen applying for UK citizenship

Post by Watandar » Mon Oct 19, 2015 6:30 pm

Gazza1591 wrote:
Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.
Does this also apply for non eu spouse even if she is not in the uk for less than 5 years?

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Mon Oct 19, 2015 7:13 pm

She has been in the UK for 12 years and has been in employment the whole time but by sounds of it may not be able to apply intill 2016 and may be to late by then ?
With this referendum does anyone know what will happen to all the EU citizens that are currently in the UK

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Mon Oct 19, 2015 8:05 pm

Gazza1591 wrote:She has been in the UK for 12 years and has been in employment the whole time but by sounds of it may not be able to apply intill 2016 and may be to late by then ?
With this referendum does anyone know what will happen to all the EU citizens that are currently in the UK
Any referendum is not scheduled until 2016 (?)

- AIUI, whatever the outcome, nothing can happen overnight, it would surely take year/s for UK to leave EU; even if it came to that.

Worst case, (if she was not part of WRS), your gf will probably have acquired PR by next year anyway.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Mon Oct 19, 2015 8:15 pm

Yes that's very true I guess, we are engaged but won't be married till next year at the earliest have been engaged for about 3 years now. I take it if we marry it will be a lot different when applying ?

Would there be any benefit to applying for a UK passport or do u need citizenship for this ?

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Casa
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Re: EU citizen applying for UK citizenship

Post by Casa » Mon Oct 19, 2015 8:16 pm

The EU referendum is planned to take place 'before the end of 2017'.
http://www.bbc.co.uk/news/uk-politics-32810887

Citizenship must be granted before qualifying for a British passport.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Watandar
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Netherlands

Re: EU citizen applying for UK citizenship

Post by Watandar » Mon Oct 19, 2015 10:13 pm

Watandar wrote:
Gazza1591 wrote:
Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.
Does this also apply for non eu spouse even if she is not in the uk for less than 5 years?
Sorry i mean even if she is in the uk for less than 5 years? If I, EU national am here for 5 years and my wife, non eu national is here for 4 years, does she also automatically obtain PR status?

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Tue Oct 20, 2015 7:25 am

Gazza1591 wrote:Yes that's very true I guess, we are engaged but won't be married till next year at the earliest have been engaged for about 3 years now. I take it if we marry it will be a lot different when applying ?

Would there be any benefit to applying for a UK passport or do u need citizenship for this ?
The only difference it makes if you marry is, once fiancee has acquired PR, there is no need to hold it for 12 months before applying to naturalise;
(assuming all other requirements for citizenship have been/can be met).

btw - it's a longshot but it may be worth gf rechecking her files about WRS;
she may have registered in the past but forgotten about it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Tue Oct 20, 2015 7:29 am

Watandar wrote:
Watandar wrote:
Gazza1591 wrote:
Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.
Does this also apply for non eu spouse even if she is not in the uk for less than 5 years?
Sorry i mean even if she is in the uk for less than 5 years? If I, EU national am here for 5 years and my wife, non eu national is here for 4 years, does she also automatically obtain PR status?
No, the non-EEA national, dependent family member (spouse) of an EEA national (spouse) exercising treaty rights needs 5 years residency in UK too (in normal cases).

(There are certain rules about certain periods of absence not breaking continuity of residence in UK),
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Torex
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Re: EU citizen applying for UK citizenship

Post by Torex » Tue Oct 20, 2015 9:26 am

Gazza1591 wrote:She has been in the UK for 12 years and has been in employment the whole time but by sounds of it may not be able to apply intill 2016 and may be to late by then ?
With this referendum does anyone know what will happen to all the EU citizens that are currently in the UK
If she has been in the UK for 12 years, then she might be ok if she started a job before 30 April 2004 and worked for the same employer for 12 months.
9.8 Note that where the EU8 national was “legally working” in the UK on 30 April 2004, they were permitted to continue working for the same employer without the need to register that employment on
the worker registration scheme (WRS). Technically, they were not exempt from WRS but, in such cases, registration was already deemed to be in place.
9.9 “Legally working” would include where they had leave to enter or remain under the Immigration Rules which allowed them to work, and they were working in accordance with the conditions of that leave. Examples would include a work permit holder working in line
with his or her work permit; or a student working in line with the conditions of his or her student leave (i.e. 20 hours per week during term time, full time outside of term time or while on a course-related work placement).
9.10 Provided they were actually working in accordance with the relevant conditions on 30th April 2004, no further authorisation was required after that date for as long as they were working for the same employer. If they completed 12 months’ uninterrupted lawful employment ending on or after 30 April 2004, they would become entirely exempt from the scheme. If, however, they decided to change employer before they had completed 12 months, they would then be required to register their new employment on WRS until such a time as they had completed 12 months continuous lawful employment.
https://www.gov.uk/government/uploads/s ... Policy.pdf

I don't think you should worry about UK leaving EU. There is no way UK asking to leave everyone from EEA, especially those who are married to UK citizen or have family in UK. I guess they would cut the eligibility for some benefits for those from EU and treat them equally as those from outside EU.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Tue Oct 20, 2015 9:40 am

Ok so I go her to check and she was registered with the WRS but only for the first 2 years she has said ??

noajthan wrote:
Gazza1591 wrote:Hi

Makes sense intill the last bit I'm guessing she is not registered on the WRS scheme what ever this is as we have never heard of it before, so if she is not does this mean she can't apply for residence ?

On a side note, if the UK does leave the EU what will actually happened to all the people from EU countries that are all ready in the UK ?
WRS is the 'Worker Registration Scheme'. It was only for A8 nationals (& has ended now); unfortunately it catches out a lot of good, hard-working people.

What is your girlfriend's precise timeline in UK?
Was she working in the UK at any time before/up to 2011?
Has she been doing anything else at all during her time in UK ; (eg studying, self-employed)?

If working but not properly registered on WRS it means her 'PR clock' as a worker would only have started in 2011.
That means PR (as a worker) will not be acquired until sometime in 2016.

if not married to a BC, PR then has to be held for 12 months before applying for citizenship.

If she was here in UK in another category (eg as a student, self-employed etc) then WRS doesn't matter & her PR clock should be ticking away already.

Torex
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Re: EU citizen applying for UK citizenship

Post by Torex » Tue Oct 20, 2015 10:35 am

Gazza1591 wrote:Ok so I go her to check and she was registered with the WRS but only for the first 2 years she has said ??
That should be fine, if she registered for the WRS and stayed with the same employer for 12 months, then she has fulfilled the requirement of WRS.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Tue Oct 20, 2015 11:03 am

Is there a way to find out if she can apply with out actually aplying if you get me ?

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Tue Oct 20, 2015 11:05 am

Also is there any company's or organisation that can help us fill in the paper work etc and am.I right it cost about £1000/to apply ?

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Tue Oct 20, 2015 12:57 pm

Gazza1591 wrote:Is there a way to find out if she can apply with out actually aplying if you get me ?
There is an email address to use to contact to verify WRS registration.
I saw a post in the forum recently that referenced using it - may be able to find more detail when I'm not at work.

Your gf could also apply for a 'confirmation of PR' card first.
It costs £65 plus biometrics fee.
It comes with right of appeal if any problems.

(Naturalisation fee is currently £1005)

It's a lower risk strategy than shooting for naturalisation directly if you have any doubts over applicant's status or the quality of supporting evidence (at least in relation to PR & residency).

See https://www.gov.uk/government/publicati ... orm-eea-pr
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Tue Oct 20, 2015 1:00 pm

Torex wrote: If she has been in the UK for 12 years, then she might be ok if she started a job before 30 April 2004 and worked for the same employer for 12 months.
9.8 Note that where the EU8 national was “legally working” in the UK on 30 April 2004, they were permitted to continue working for the same employer without the need to register that employment on
the worker registration scheme (WRS). Technically, they were not exempt from WRS but, in such cases, registration was already deemed to be in place.

...
https://www.gov.uk/government/uploads/s ... Policy.pdf
@gazza , this is really useful to your gf's case;
she may well have acquired PR already, based on the above.

As asked before, what are her precise timelines (& economic activities) in UK?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Tue Oct 20, 2015 1:19 pm

Hi what is PR ? And she has been working non stop for the whole time she has been in the UK but for a few different companies not the same one

noajthan
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Re: EU citizen applying for UK citizenship

Post by noajthan » Tue Oct 20, 2015 1:28 pm

Gazza1591 wrote:Hi what is PR ? And she has been working non stop for the whole time she has been in the UK but for a few different companies not the same one

PR = permanent residence;
(as discussed on earlier post)

Changing companies up to 2011 is fine as long as the WRS is in order.
After WRS ended changing jobs is no issue at all.
It's the continuity that matters.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Gazza1591
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Re: EU citizen applying for UK citizenship

Post by Gazza1591 » Tue Oct 20, 2015 2:16 pm

Ah OK so as long as she has this work order in place when she first came here which she thinks she did but only for the first 2 years we should be OK to apply what's this pre application thing ? And what does it mean if we get that ?

Torex
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Re: EU citizen applying for UK citizenship

Post by Torex » Tue Oct 20, 2015 4:11 pm

Gazza1591 wrote:Ah OK so as long as she has this work order in place when she first came here which she thinks she did but only for the first 2 years we should be OK to apply what's this pre application thing ? And what does it mean if we get that ?
If she didn't register for WRS, you need to find out how long she worked for the employer at the job that she started before 30 April 2004, if the answer is more than 12 months, then she is fine. If less then she didn't meet WRS.

PR is a Permanent Residence, that is acquired after 5 years qualifying period, in your fiance case as she worked all the time, time counted as a worker. If you failed to meet WRS requirement your qualifying period starts when WRS was abolished which is June 2011.

As noajthan suggested, you can apply for confirmation of Permanent Residence status. This is not a pre-application thing. It costs much less and if she is approved she will definitely get approved on her citizenship application.

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