Immigrationboards.com

Hi

I am a british citizen, my spouse is a Non Eu Spouse on resident card for 5 years through a the Suring Singh Route.

All i want to know is
a) How do i get the british passport for my wife? What do i need to do, apply for EEA 4 or apply for a BC/Naturalisation after 5 years given she is on the resident card and married to me ( Bc).
b) the FAQs under naturalisation states the following " unless married to a BC" what does this imply that the spouse can effectively apply for naturalisation after 5 years of the resident card that we have already given she is married to a BC (me)

The Naturalisation section says



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.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.

There is a lot of information on this forum and i a little confused!

Thanks

You have answered all your queries yourselves.

I thought the 6th year isn't required when married to a British Citizen ?

So can naturalization be applied for after 5 years ? I don't need to apply for eea 4?

chursy wrote:So can naturalization be applied for after 5 years ? I don't need to apply for eea 4?

Not sure how, confused myself.

Can someone help please ?

Should I apply for eea4 and then apply bc or bc directly ?

Plus on the citizenship page for British spouse it states that they may need to be resident for three years ?

Please advise and help someone

I could be wrong, but as the spouse of a British citizen, she would be eligible for naturalisation on completion of 5 years of exercising treaty rights and getting PR.

I would suggest applying for the PR card first and then immediately apply for naturalisation when the PR card is received. You could do it in one go, but if it confuses the caseworker, you could be in for a long delay. Whereas if you break the process up, it is easier for the case worker and likely faster for you.

Yes you can apply for citizenship after 5 years if married to a British Citizen.

We had this dilemma earlier this year. Decided to apply for PR first in the end as the BC application is so expensive.

There is no need for the British Citizen to have been exercising treaty rights in the UK for PR - see Case Law EIND.

For PR just need to send proof of continual residence in the UK for the 5 years.