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Surinder Singh saves non-EEA 1 year to apply for Brit.Citiz.
Posted: Tue Dec 28, 2010 1:14 am
by mcovet
Just a quick thought.
Those non-EEA family members who have lived in the UK with the EEA National (a Brit relying on the Surinder Singh) would not have to wait 12 months on the permanent residence status, but could directly apply for Naturalisation (provided the Life in the UK test is passed and the laws remain in the current state).
So, no need for the EEA4 forms etc, but direct application should suffice. Although, again as with all other not-as-straightforward applications, it'd take a good covering letter with correct references to legislation to minimise the waiting times and convey the message to the ever so "competent" staff at the UKBA.
Posted: Tue Dec 28, 2010 4:27 pm
by Guerro
I think the non eea has to wait one year after pr to apply for citizenship whether the eea partner is eea or british. Do you have any reference to this info?
Posted: Sat Jan 01, 2011 12:54 pm
by mcovet
Merry xmas n happy new year!
People married to Brit nationals dont have to wait one year when they get ILR for instance, it's somewhere in the act, i'm not at my laptop but u can google it n find it. There r certain rules for it such as the ILR holder must have been present in the uk for 3 years so using the same parallel, nom-eea having resided for 5 years in Uk can apply directly without waiting for 1 year! They can save 1 year through Sur Singh but obviously these cases constitute a tiny proportion of applicants not many brits use eea route.
Happy festivities again everyone, let it be a healthy year for u guys, the rrst will come (or not lol)!
Guerro wrote:I think the non eea has to wait one year after pr to apply for citizenship whether the eea partner is eea or british. Do you have any reference to this info?
Posted: Sat Jan 01, 2011 4:27 pm
by Guerro
Happy new year to you my friend. I wish in 2011 you achieve everything you couldn't in 2010
Posted: Sun Jan 02, 2011 10:06 pm
by Rolfus
I have researched this and I can't see how it would work. Please give us some more help.
Posted: Mon Jan 03, 2011 12:25 am
by Obie
mcovet wrote:
People married to Brit nationals dont have to wait one year when they get ILR for instance, it's somewhere in the act, i'm not at my laptop but u can google it n find it. There r certain rules for it such as the ILR holder must have been present in the uk for 3 years so using the same parallel, nom-eea having resided for 5 years in Uk can apply directly without waiting for 1 year! They can save 1 year through Sur Singh but obviously these cases constitute a tiny proportion of applicants not many brits use eea route.
This is correct, but it important to stress that the 3 years prior to applying for a British Passport as the spouse of a British national , has to be three years of lawful residence. Unlawful residence does not count.
[b]18.2.2 Naturalisation under section 6(2)[/b] wrote:
18.2.2.1 A person may be granted a certificate of naturalisation as a British citizen under s.6(2) of the British Nationality Act 1981 if, on the date of application, the applicant:
•
is of full age (i.e. aged 18 or more); and
•
is of full capacity (see Annex A); and
•
is married to/in a civil partnership with a British citizen (see Annex F to Chapter 6 and the entries "MARRIAGE" and "CIVIL PARTNERSHIP" in Volume 2); and
•
meets the residence requirements set out in 18.2.2.2 below; and, at the time of consideration:
a. is of good character (see Annex D); and
b. remains of full capacity (see Annex A); and
c. (if the application is made on or after 28 July 2004) has a sufficient knowledge of the English, Welsh or Scottish Gaelic language, and can provide the appropriate evidence to
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support this (see Annex E); and
d. (if the application is made on or after 1 November 2005) has a sufficient knowledge of life in the United Kingdom, and can provide the appropriate evidence to support this (see Annex E Section 1).
18.2.2.2 The residence requirements referred to in 18.2.2.1 above are that the applicant:
a. was in the UK at the beginning of the period of 3 years ending with the date of the application; and
b. was not absent from the UK for more than 270 days in that 3 year period; and
c. was not absent from the UK for more than 90 days in the period of 12 months ending with the date of the application; and
d. was not, on the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK; and
e. was not, at any time in the period of 3 years ending with the date of the application, in the UK in breach of the immigration laws.
Hopefully this might help to clarify the rules.
Posted: Mon Jan 03, 2011 9:07 am
by Guerro
Wow, this is great news for rc holders/ surrinder singh.
I have a question, I'm on rc as the husband of a french citizen who has been here for 12 years. She can apply for bc next year if she wants as she meets all the requirements. My question is can her bc save me a year to apply for bc for myself or is it only for rc holders where the sticker clearly indicates they are family members of a british citizen?
Posted: Mon Jan 03, 2011 11:09 am
by Rolfus
Thank you everyone.
I think we have established that this only applies to spouses, not Family Members in general.
Posted: Mon Feb 20, 2012 5:42 pm
by MelC
could this actually come under yet more "reverse discrimination"
does the term "unless the HMS has more favourable rules" apply?
could it apply?
IF a Brit Cit non EU spouse can apply for Brit Citizenship 1 year after ILR is completed (3 years in total) why can't a non eu spouse of a brit cit on surinder singh apply after 3 years?
just thoughts
Posted: Mon Feb 20, 2012 7:27 pm
by Jambo
You can't have one's cake and eat it too.
If you chose going via the EEA regulations, you enjoy simpler requirements to meet and a free application. You can't then expect to have the same privileges as someone who has gone via the other (harder) route.
There is no discrimination here. It is your choice which route to take.
Posted: Tue Feb 21, 2012 1:03 am
by Obie
Posted: Tue Feb 21, 2012 10:35 am
by MelC
Jambo wrote:You can't have one's cake and eat it too.
If you chose going via the EEA regulations, you enjoy simpler requirements to meet and a free application. You can't then expect to have the same privileges as someone who has gone via the other (harder) route.
There is no discrimination here. It is your choice which route to take.
thats my take on it to be honest, and myself and hubby are under SSR.
but i just wondered about this
Posted: Tue Feb 21, 2012 10:45 am
by MelC
Posted: Tue Feb 21, 2012 12:21 pm
by shoko
Hi,
sorry for maybe asking a silly question,
so under the SS I get issued a FP as a spouse of a Brit that exercised his trade rights in the EU..
Can we apply for naturalization after 3 years staying in the UK with the 5year FP or we must wait until the FP expires?
thanks
Posted: Tue Feb 21, 2012 12:51 pm
by Jambo
The Family Permit (FP) is valid for 6 months. Once back in the UK, the non EU can apply for a Residence Card under Surinder Singh.
BC in this case can only be applied after 5 years. The reason is that in order to apply for BC, one needs to hold ILR/PR status and this is granted only after 5 years under the EEA regulations.
To be able to apply under the 3 years rule for BC, one needs to enter the UK on a UK spouse visa (which entitles ILR after 2 years).
Posted: Wed Feb 22, 2012 11:10 am
by shoko
Jambo wrote:The Family Permit (FP) is valid for 6 months. Once back in the UK, the non EU can apply for a Residence Card under Surinder Singh.
BC in this case can only be applied after 5 years. The reason is that in order to apply for BC, one needs to hold ILR/PR status and this is granted only after 5 years under the EEA regulations.
To be able to apply under the 3 years rule for BC, one needs to enter the UK on a UK spouse visa (which entitles ILR after 2 years).
thank you very much!