szanysa wrote:Hello for everyone
I hope I am at the right place with my problem.
I am new here and I would like to know some required informations about - How to become a Dual Citizen as Hungarian - British please.
Lots of things are available on Internet but I am not 100% sure what is the real one.
I let you know some circumstancies about me please.
I have already worked in the UK from Spring of 2009 to February 2015.
These days are almost 6 years together.
If I want to be exact only 6 weeks is missing to 6 six years.
I decided to relocate to Hungary begin of this year because of some family problem so I write for you from here Hungary.
I do not know when I can or will I be able to relocate there in the near future but when I can I would do this.
My question is the next:
As I worked legally in the UK earlier and countinously can I keep those years / days - as they all almost 6 years - for become a Dual Citizen or If I do not go back will I loose those ones please?
What are the rules about this at present?
Another question - what is the way by low to get Britisth Citizenship /dual/ step by step if it is possible please.
If you can pass me an official link it would be grateful.
How can I also get British passport?
How can I claim for it?
Many thanks for your time and also for help.
I wait for your feedback via email if it is possible.
Thanks for helpful answers.
Sandor
I will try to give a summary according to my understanding.
That may help you decide a strategy & any plan to return to UK.
Note: If you remain outside UK for too long it may become problematic.
I understand & sympathise with your situation as have some family matter to attend to but just be aware of that.
To naturalise as a UK citizen you first have to have
settled status.
For an EEA national,
settled status means acquiring
permanent residence, 'PR' (in UK) first of all,
PR is acquired
automatically by a '
qualified person' exercising
treaty tights (in UK)
continuously for 5 years.
fyi - a
qualified person is someone who is in UK as either:
- a worker
a jobseeker
student
self-employed
self-sufficient
- if during the 5 years in UK you switch from one category to category that is still fine.
You just need documents/evidence to support your status every step of the way.
There are special rules in some cases,
For example a student or self-sufficient person needs to hold health insurance (
CSI).
The
'continuously in UK' rule is important to note.
Some absences from UK (up to 6 months in a year) are permitted without it affecting the PR clock.
Note: A longer absence would mean your PR clock would be reset to zero.
This is significant in your case as you are currently absent.
To summarise so far:
After 5 years in UK as a worker (or in another category of qualified person) exercising treaty rights (and with no long absence) you can acquire PR automatically.
If you wish to you can apply for a PR card which confirms this status.
Note a PR card is optional; it does not grant you settled status, it simply confirms it.
An application for PR card can take several weeks/months to process
A8 country - Hungary & WRS
Hungary is one of the A8 EU countries and so workers were subject to WRS (until 2011).
Note: Your employment (since 2009) must have been registered properly under WRS
for it to count towards PR.
If you were not registered under WRS then only employment since sometime in 2011 can be counted towards acquiring PR.
This is something you will need to check on & provide evidence about.
Citizenship
There are now different rules if you are married to a British citizen.
I will assume you are not.
Someone not married to BC has to be free from
immigration time restrictions for 12 months.
That means having
settled status (eg PR) for 12 months
with no long absences.
Such a person is then in a position to apply for the privilege of UK citizenship.
This assumes all other requirements for
naturalisation can be met.
Requirements for naturalisation
These include:
proof of settled status
proof of being in UK 5 years before date of application;
proof of absences from UK kept within limits;
good character;
sound mind;
KOLL (this means taking & passing LITUK test and providing adequate proof of level of English).
Note Settled status.PR can be lost if the person is absent from UK from 2 years or more.
fyi - a naturalisation application can take several months. Maybe 4 or 6 or more.
HO states a target of 6 months but this is not always met.
Passport
Once citizenship is applied for and is granted then a first British passport can be applied for.
This is a separate step after the citizenship ceremony.
Your case.
Note I am not an immigration adviser so you would be prudent to seek other suggestions & advice too.
In your case it
appears from your brief stated facts that you
may already have acquired PR, (sometime in 2014).
Note: this assumes any employment was legal & correctly registered with WRS to comply with rules in place at the time.
If you were not properly registered in WRS you will not have acquired PR yet;
the earliest possible date would be sometime in 2016.
That means your current absence from UK is very significant.
You do ofcourse need documentary proof to support your case.
So,
if you were in UK you would
probably be in a position to apply for naturalisation (a
assuming all other requirements can be met.
(Assuming WRS employment is valid & included).
At the moment all the time in UK and accrued towards PR has not been lost.
(Assuming WRS employment is valid & included).
If you remain absent from UK for too long the
settled status (
you probably have)
can be lost.
So it's all about your long-term plans & where your future lies.
If you wish to be sure of your position for a life in UK it would be sensible to think about returning and
a) applying for a confirmation of PR card
(- subject to WRS compliance)
&/or
b) applying for citizenship.
c) If you are granted citizenship a British passport can follow.
(Note: a passport is a privilege & not granted automatically)
Here is a link to the forum FAQS for more background (& in case I have missed anything):
http://www.immigrationboards.com/britis ... 95747.html
The official information is all on Gov UK website as has already been suggested.
Over to you.
Good luck.
