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Hi Folks,

I am asking on behalf of my friend. He is EEA National and living in UK since last 6 year as EEA National (so he is not british national). His wife is Non-EEA national (Pakistan National).

His wife came in UK from Netherland in July 2009 but on a VISIT VISA , after her arrival she applied for dependent of EEA National visa and got 5 year visa in NOVEMBER 2009.

On completion of 5 years his wife applied for PR in November 2014 and got the PR this month in February 2015.


Now since she entered in UK in July 2009 but on a VISIT VISA , so can she apply for naturalization in July 2015 or She has to wait 1 year after PR and only can apply in Feb 2016.

Thanks in advance for your help.

Regards,

She has to wait 1 year after PR and only can apply in Feb 2016.

Because her spouse if not British, she has to wait the full 12 months.

Please note that there is a difference between obtaining PR status (that happened automatically after 5 years if married to EEA national exercising treaty rights) and obtaining PR card (following an application). The former is the date that matters. See Q1, Q5 & Q6 in the FAQ (link below) for more details.

Jambo wrote:Please note that there is a difference between obtaining PR status (that happened automatically after 5 years if married to EEA national exercising treaty rights) and obtaining PR card (following an application). The former is the date that matters. See Q1, Q5 & Q6 in the FAQ (link below) for more details.

Thanks jambo and CR001.

I am not sure what is the difference between obtaining PR Statue and obtaining PR card, but in her case I know she applied for PR in Nov 2014 and received PR in Feb 2015 ( There is no ILR/PR Card in her case but the old style VISA Sticker in her Passport)

Please correct me if I am wrong. This means she must have 1 year PR before applying to Naturalization coz she is not spouse of BC. And can only apply in Feb 2016.

Any thoughts?

I suspect you didn't follow the link for the FAQ as Q5 there addresses this exact question.
PR status is obtained automatically. PR Confirmation is obtained after making an application.

I’ve collected the most common questions and answers into one thread which I hope people would find useful. I’ve split it into several posts so it would be easy to link to the relevant section if needed. I will try to keep updating the thread with more FAQ in future.

Naturalisation

Eligibility

Q1: I was just granted ILR, when can I apply?

If not married to BC, the standard requirements need to be met. This includes holding ILR/PR for at least 12 months before applying.

If married to a BC, you can apply the same day you are granted ILR if you meet the spouse requirements which includes 3 years residence. Any legal stay in the UK counts.

An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.


Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period).

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.


Q3: I’ve been absent more than the required days, can I apply?

This would be an application at discretion and would depend on the number of absent days and some other criteria. See section 4 & 5 in the HO guidelines Annex B: The residence requirement.


Q4: Do I need to take the Life in the UK test again?

If you passed the test when applying for settlement, there is no need to take the test again. Just indicate that by ticking the relevant box in the application form.


Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

Please Please Please help me is my first time here and am new to the forum:

I need some help with my application and shall be grateful if somebody help me with.
I am a Non EEA who received his PR on 19 January 2015. My wife is Dutch but she only has got certificate of registration which was issued on July 2009 which has no ending date. Both of us have been in employment since 2009 but also claimed housing and council tax benefits. My questions are:
1- Can I apply for British nationality on the basis that I have my PR card for one year regardless of that my wife doesn't have?
2- Do I have to send my 1 year p60 or last six years?
3 Do I have to send my wife P60s and passport or is not required?
4. Does claiming benefit will have any impact on the outcome of my application because my name was added in the benefit from 2011?
5- What documents I submit with my application please?
I shall appreciate if somebody send me an email to email address removed and thank you so much for you guys who sincerely devote their time to help others. God bless!

shafiqs2007 wrote:Please Please Please help me is my first time here and am new to the forum:

I need some help with my application and shall be grateful if somebody help me with.
I am a Non EEA who received his PR on 19 January 2015. My wife is Dutch but she only has got certificate of registration which was issued on July 2009 which has no ending date. Both of us have been in employment since 2009 but also claimed housing and council tax benefits. My questions are:
1- Can I apply for British nationality on the basis that I have my PR card for one year regardless of that my wife doesn't have?
2- Do I have to send my 1 year p60 or last six years?
3 Do I have to send my wife P60s and passport or is not required?
4. Does claiming benefit will have any impact on the outcome of my application because my name was added in the benefit from 2011?
5- What documents I submit with my application please?
I shall appreciate if somebody send me an email to email address removed and thank you so much for you guys who sincerely devote their time to help others. God bless!

u can't apply till 16/01/2016 because your wife is not british