Immigrationboards.com

Hi
I'm a bit confused about the rules regarding the ILR.

Do I need to apply for ILR first before applying for British Citizenship, if I am an EU national, married to a Brit, and have been a resident of UK for 4 years?

Many thanks!
B

You have to have permanent residency.

If non-EU or not married to EU, its ILR, otherwise its PR/treaty rights exercise for past five years etc.

Thank you!!

I'm sorry for being so useless, but is Permanent Residency something you apply for, or is automatic for someone who works in UK or is a student?

Barbara_app wrote:Thank you!!

I'm sorry for being so useless, but is Permanent Residency something you apply for, or is automatic for someone who works in UK or is a student?

Please click here and please read that link fully, and afterwards, please feel free to ask further question.

You can just apply for citizenship - but after 5 years.

You will have to prove EU treaty rights for the past 5 years, and residence for the past 3 (essentially doing the former covers the latter).

I am still confused.

The above poster said I need have Permanent Residency.
As understand from the FAQ, and gov.uk website I'm not yet eligible to apply for PR certificate, as I haven't been in UK continuously for 5 years.

Is the fact that I am married to a BC irrelevant then, and I have to to wait for the 6 year period anyway?

Or can I apply for PR now (how, if I don't have the eligibility for EEA3), but then have to wait for a year?

Thank you again, this forum is very helpful.

B

Or can I apply for PR now (how, if I don't have the eligibility for EEA3), but then have to wait for a year?

You apply for PR after 5 years.

Is the fact that I am married to a BC irrelevant then, and I have to to wait for the 6 year period anyway?

Yes for now because you need PR before you can apply for citizenship as spouse of British Citizen. You will not have to wait the extra 1 year on PR basically. You can apply for citizenship as spouse of BC immediately once you have obtained PR and the residence requirement is 3 years but you have to have PR. You cannot apply for PR earlier than 5 years.

PR is automatic after 5 years, you don't need to apply for the certificate. So the second you hit the five year mark, you can apply for citizenship.

Thank you both. I was hoping to be able to vote at the general elections, but I guess not
That 3 years residency is a complete red herring!

For EU citizens, yes - it totally confused me beforehand as well. Technically you'll still only prove residency for 3 years, but because you are approving treaty rights for 5, that essentially covers 5 years worth of residency too.