Page 1 of 1

German wants to be British

Posted: Thu Sep 29, 2011 10:04 pm
by Jibbajabba
I have lurked here for quite some time now, hoping I can find my answer but the search is a bit hard since a lot of threads just having generic titles.

So I hope I can ask this question here as I assume this has been asked before.

I am German citizen but left Germany in 2001 and came to the UK in 2007 (moved from Germany to Ireland to Spain to Gibraltar and now UK).

Since I am now finally settled and found my future wife, I wanted to go all the way, getting the British Passport and giving up my German one.

I read now that you have to be in the UK for 5 years, which would be the case in 2012, but here is what confuses me ..

Reading through the applications and requirements it appears that a lot is specific to non-EU citizen trying to migrate and seak to work as well, which, since I am allowed to work here anyway, doesn't apply to me.

Now the question is, does every single point apply for EU citizen as well ? The application also requires to put in dates when and how long I left the UK for (holidays etc.) - but since EU citizen don't require any stamps in passports etc., I'd have a hard time how often and when I visited family in Germany .

Iam not even sure if I have to take the citizen ship test, which would be fine, but I'd rather know what does and does not apply.

The officail immigration website is a minefield so I hope someone could point me into the right direction :)

Oh and a lot of people ask me why. Simple answer : I got nothing back in Germany, I don't like it, I love the UK so I'd love to go "all the way" :)

Posted: Thu Sep 29, 2011 11:35 pm
by Jambo
For EEA national, you can apply for British Citizenship after 6 years in the UK. You will need to exercise treaty rights in the UK for continuous 5 years (as a worker, self employed, self sufficient or a student). Then you will gain PR (Permanent Residence) status. You can apply for naturalisation 1 year after gaining PR (so 5+1=6 years). If you have been student or self sufficient, you will need to have private health care or EHIC card from Germany for that period in order to gain PR status.

You will need to pass the Life in the UK test before applying.

For the dates in the application, do your best. Try to look for email, flight tickets etc. As long as you are not more than the 450 days in 5 years and 90 days in the final year, you should be fine.

Posted: Thu Sep 29, 2011 11:39 pm
by Jibbajabba
Jambo wrote:For EEA national, you can apply for British Citizenship after 6 years in the UK. You will need to exercise treaty rights in the UK for continuous 5 years (as a worker, self employed, self sufficient or a student). Then you will gain PR (Permanent Residence) status. You can apply for naturalisation 1 year after gaining PR (so 5+1=6 years). If you have been student or self sufficient, you will need to have private health care or EHIC card from Germany for that period in order to gain PR status.

You will need to pass the Life in the UK test before applying.

For the dates in the application, do your best. Try to look for email, flight tickets etc. As long as you are not more than the 450 days in 5 years and 90 days in the final year, you should be fine.
Thanks, the +1 yea part is new to me but good to know. So basically the same rules apply, EU or non-EU citizen.

What about marriage ? I've read the time reduces to 3 years - is this the same - 3 years +1 PR ? Do years lived in the UK count or do the 3 years start from the date of marriage (like, whatever comes first). ?

Posted: Fri Sep 30, 2011 1:08 am
by newperson
Jibbajabba wrote:Thanks, the +1 yea part is new to me but good to know. So basically the same rules apply, EU or non-EU citizen.

What about marriage ? I've read the time reduces to 3 years - is this the same - 3 years +1 PR ? Do years lived in the UK count or do the 3 years start from the date of marriage (like, whatever comes first). ?
Not quite. Certain things are the same; others, different.

You will have to take the exam. Everyone, unless excused for reasons of age or handicap, must do so to be naturalised, EU or non-EU.

The three-years rule *only* functionally applies to those who have been living here with their UK spouse under the UK provisions of the Immigration Rules. Those non-EU individuals first get temporary residence for two years. After that, after being granted Indefinite Leave to Remain (the UK-rules version of permanent residence), they must spend at least a year on that. Then, at the end of three years, they can apply, provided they meet the other residence and good character requirements. If the non-EU person had been living in the country before being a spouse on another legal path (e.g., as a student or worker), they may apply for naturalisation immediately upon receiving ILR. This is because they would meet both main requirements for naturalisation upon being granted ILR:

- They now have permanent residence
- They have spent three legal years in the county

Those not married to a UK citizen have to (usually) spend five years in the country working before being granted ILR. After one year on that, they may apply for citizenship. That makes for a total of at least six years.

Therefore, everyone applying for UK citizenship has to jump through two main hurdles. They need to get permanent residence, by whatever means. And they need to satisfy the citizenship residence requirements.

You face these same basic requirements. However, you entered the country under EU provisions, so the rules for getting permanent residence are different. And, in terms of gaining permanent residence, you can't mix EU and UK rules for your benefit. Unlike the COSTLY UK-rules route, coming here under the EU provisions is free. But you have to wait more time, and you still need to pass the main hurdles for naturalisation:

- Permanent residence (you will get this automatically after spending 5 years being economically active in the UK)
- Passing the Life in the UK test
- Spending at least one further year in the UK as a permanent resident if you are not married to a British citizen. If you *are* married to one, you may apply for citizenship as soon as you have accrued your five years.

Einfach gesagt, if you *are* married to a UK citizen, you may apply for citizenship after spending five years being economically active. If you are married to some other national (even EU), you must wait six years.

On your other point, you can usually prove your stays in the UK through your payslips, bank statements, letters from employers, etc. Your absences from the UK will be based on your honest answers; there really is no way to check specific days. However, there must be more evidence than not that you have spent your requisite time in the UK.

Good luck!