Citizenship Question - Unusual Circumstances
Posted: Thu Nov 04, 2010 12:19 pm
Hi everyone,
I was wondering if I could get some advice. I am a US citizen who married a German and was on an EEA family permit living in the UK. We then did the EEA 2 application back in April 2006. Two weeks later we received our passports back. I did not get a 5 year residency stamp, but instead received this:
"A right of residence in the United Kingdom as a family member of EEA national (name of spouse) who is resident in the UK in the exercise of a Treaty right is hereby given until (date of expiry) on behalf of the Secretary of State Home Office"
It then has a Home Office IND stamp with the date issues and signature.
Now, there is no date listed after the "given until". Instead whoever issued it wrote in that space "Indefinate" (yes, spelled incorrectly) and signed below that. I have been told on an occasion or two when coming through immigration at the airports that I shouldn't have been given that.
I would like to now apply for British Citizenship, as I have been in the UK legally for over 7 years and coming up on 5 years since we had married. I was on a Student Visa for 18 months prior to the EEA family permit. Is this sufficient for me to go forward with my citizenship application? My concern is regarding the following:
Immigration time restrictions
You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.
If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. See The documents we require for naturalisation applications for details of how to prove you are free from immigration time restrictions.
Technically, I have been free from immigration time restrictions since 2006, but I am unsure if the Home Office would accept that.
Thanks in advance for any advice you may have,
Jeff
I was wondering if I could get some advice. I am a US citizen who married a German and was on an EEA family permit living in the UK. We then did the EEA 2 application back in April 2006. Two weeks later we received our passports back. I did not get a 5 year residency stamp, but instead received this:
"A right of residence in the United Kingdom as a family member of EEA national (name of spouse) who is resident in the UK in the exercise of a Treaty right is hereby given until (date of expiry) on behalf of the Secretary of State Home Office"
It then has a Home Office IND stamp with the date issues and signature.
Now, there is no date listed after the "given until". Instead whoever issued it wrote in that space "Indefinate" (yes, spelled incorrectly) and signed below that. I have been told on an occasion or two when coming through immigration at the airports that I shouldn't have been given that.
I would like to now apply for British Citizenship, as I have been in the UK legally for over 7 years and coming up on 5 years since we had married. I was on a Student Visa for 18 months prior to the EEA family permit. Is this sufficient for me to go forward with my citizenship application? My concern is regarding the following:
Immigration time restrictions
You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.
If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. See The documents we require for naturalisation applications for details of how to prove you are free from immigration time restrictions.
Technically, I have been free from immigration time restrictions since 2006, but I am unsure if the Home Office would accept that.
Thanks in advance for any advice you may have,
Jeff