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Settle Status -Indefinite leave to remain
Posted: Mon Feb 11, 2019 12:43 am
by aarshad01
HI - recently i got Settle Status - im married with EEA national since 2012
i got residence card in 2012 and then after 2017 i renewed again as my wife didnt work complete 5 year due to her pregnancy - so in 2019 i applied for settle status and we both got settle status
my question now is - can i apply for british citizenship without waiting for 1 year after getting settle status (ILR) according to my understading i can - but i need some advice also if possible thank you bold yellow line copied from gov website!!
Using your proof of permanent residence document to apply for citizenship
To apply for British citizenship, you need to:
live in the UK for another year after qualifying for permanent residence status
have a permanent residence document
You can apply with your permanent residence document immediately if:
you’ve already lived in the UK for a year after qualifying for permanent residence
Re: Settle Status -Indefinite leave to remain
Posted: Mon Feb 11, 2019 9:59 am
by vaza
EEA process is very confusing. From what I understand new Settlement status is counted as ILR under the immigration rules, so you will have to wait 1 year before applying for BC. Or apply for DCPR, then apply straight away for BC. See below a quote from the AN booklet:
IIndefinite leave to remain under the immigration rules
You will be free of immigration time restrictions if you have been granted indefinite leave to remain under the immigration rules. This includes if you were granted indefinite leave to remain under the EU Settlement Scheme (referred to as “settled status”). If you have been granted indefinite leave to remain in the UK, including under the EU Settlement Scheme, and use that to support your application we will use the date you were granted ILR as the date that you became free of immigration time restrictions. If you acquired permanent residence before being granted indefinite leave to remain under the Settlement Scheme and
want to rely on the date that you acquired permanent residence for your citizenship application, you will need to have a permanent residence document.
Re: Settle Status -Indefinite leave to remain
Posted: Mon Feb 11, 2019 6:53 pm
by kamoe
aarshad01 wrote: ↑Mon Feb 11, 2019 12:43 am
im married with EEA national since 2012 i got residence card in 2012 and then after 2017 i renewed again as my wife didnt work complete 5 year due to her pregnancy
Do you mean that your wife has a gap during which she was not a qualified person, before 2017? If so, can you please provide detailed start and end dates of that gap?
Re: Settle Status -Indefinite leave to remain
Posted: Mon Feb 11, 2019 7:16 pm
by CR001
kamoe wrote: ↑Mon Feb 11, 2019 6:53 pm
aarshad01 wrote: ↑Mon Feb 11, 2019 12:43 am
im married with EEA national since 2012 i got residence card in 2012 and then after 2017 i renewed again as my wife didnt work complete 5 year due to her pregnancy
Do you mean that your wife has a gap during which she was not a qualified person, before 2017? If so, can you please provide detailed start and end dates of that gap?
Please search the uses lengthy topics in the EEA/EU Sub forum when the OP has posted and not ask questions in this topic about British Citizenship.
Re: Settle Status -Indefinite leave to remain
Posted: Mon Feb 11, 2019 7:57 pm
by kamoe
kamoe wrote: ↑Mon Feb 11, 2019 6:53 pm
aarshad01 wrote: ↑Mon Feb 11, 2019 12:43 am
im married with EEA national since 2012 i got residence card in 2012 and then after 2017 i renewed again as my wife didnt work complete 5 year due to her pregnancy
Do you mean that your wife has a gap during which she was not a qualified person, before 2017? If so, can you please provide detailed start and end dates of that gap?
OK, got the answer I was looking for after searching your previous posts:
aarshad01 wrote: ↑Mon Jun 12, 2017 1:12 am
due to the birth of my child my wife didnt work for 2 years in the middle from 2013 to 2014
Even taking the best scenario, of your wife coming back to work again in January 2014, you would only complete your 5-year qualifying period for PR in January 2019. You would need to wait one year after that, so January 2020 before you can apply for British Citizenship on the strength of your PR. Again, this is the best scenario. The date in 2020 you could actually apply depends on the actual month of 2014 when she came back to work.
Given you were granted Settled Status in February 2019, it is very unlikely that your future PR will give you any advantage to expedite the process.