Page 1 of 1
Am I entitled to apply for naturalisation?
Posted: Wed Sep 20, 2017 10:53 pm
by yaz1989
Hello
I was speaking to someone today and they mentioned that I might be entitled to apply for British citizenship.
I have been living in the country for 7 years legally. I have been married to an EEA citizen with permenant residency. She's from Spain.
Technically do I tick both boxes? Of being in the UK for the required 5 years, AND being free from immigration restrictions as the husband of a Spanish citizen for the last 12 months?
Assuming I tick all the other boxes. Please let me know. I look forward to hearing from you.
Re: Am I entitled to apply for naturalisation?
Posted: Wed Sep 20, 2017 11:35 pm
by mce82
Hello,
You will first need to apply for a permanent residence under EEA route (
https://www.gov.uk/eea-registration-cer ... -residence). Once your acquired right is confirmed by PR document, you will be able to apply for your citizenship - this must be a year after you've acquired the right of permanent residency, which isn't necessary the day PR documentation is issued to you.
Hope this make sense.
Re: Am I entitled to apply for naturalisation?
Posted: Thu Sep 21, 2017 12:23 am
by yaz1989
mce82 wrote: ↑Wed Sep 20, 2017 11:35 pm
Hello,
You will first need to apply for a permanent residence under EEA route (
https://www.gov.uk/eea-registration-cer ... -residence). Once your acquired right is confirmed by PR document, you will be able to apply for your citizenship - this must be a year after you've acquired the right of permanent residency, which isn't necessary the day PR documentation is issued to you.
Hope this make sense.
Is that a no then?
As I've only been married for 15 months, I have to wait another 3.5 years?
Re: Am I entitled to apply for naturalisation?
Posted: Thu Sep 21, 2017 1:39 am
by JAJ
On what basis have you been living legally in the United Kingdom? Do you have Indefinite Leave to Remain (ILR)? If not- then what is your current immigration status.
Re: Am I entitled to apply for naturalisation?
Posted: Thu Sep 21, 2017 7:36 am
by yaz1989
JAJ wrote: ↑Thu Sep 21, 2017 1:39 am
On what basis have you been living legally in the United Kingdom? Do you have Indefinite Leave to Remain (ILR)? If not- then what is your current immigration status.
1. Mix of tier 2 and tier 4.
2. I have an EEA family permit now. But I've only had this for 15 months
Re: Am I entitled to apply for naturalisation?
Posted: Thu Sep 21, 2017 7:58 am
by secret.simon
You need to be free from immigration restrictions (that means holding either ILR under the UK Immigration Rules or PR under the EEA Regulations) AND have resided in the UK for at least five years.
As it seems you do not have either ILR or PR, you are not eligible to apply for naturalisation. So, yes, you need to wait for another 3.5 years.
As an aside, there is no entitlement to naturalisation. Naturalisation is always a grant at discretion. Only registration of certain children is an entitlement.