Do I need ILR before applying for BC: EU, married to BC

[Barbara_app]

Hi
I'm a bit confused about the rules regarding the ILR.

Do I need to apply for ILR first before applying for British Citizenship, if I am an EU national, married to a Brit, and have been a resident of UK for 4 years?

Many thanks!
B

[fwd079]

You have to have permanent residency.

If non-EU or not married to EU, its ILR, otherwise its PR/treaty rights exercise for past five years etc.

[Barbara_app]

Thank you!!

I'm sorry for being so useless, but is Permanent Residency something you apply for, or is automatic for someone who works in UK or is a student?

[fwd079]

Thank you!!

I'm sorry for being so useless, but is Permanent Residency something you apply for, or is automatic for someone who works in UK or is a student?

Please click here and please read that link fully, and afterwards, please feel free to ask further question.

[Julian11]

You can just apply for citizenship - but after 5 years.

You will have to prove EU treaty rights for the past 5 years, and residence for the past 3 (essentially doing the former covers the latter).

[Barbara_app]

I am still confused.

The above poster said I need have Permanent Residency.
As understand from the FAQ, and gov.uk website I'm not yet eligible to apply for PR certificate, as I haven't been in UK continuously for 5 years.

Is the fact that I am married to a BC irrelevant then, and I have to to wait for the 6 year period anyway?

Or can I apply for PR now (how, if I don't have the eligibility for EEA3), but then have to wait for a year?

Thank you again, this forum is very helpful.

B

[CR001]

Or can I apply for PR now (how, if I don't have the eligibility for EEA3), but then have to wait for a year?

You apply for PR after 5 years.

Is the fact that I am married to a BC irrelevant then, and I have to to wait for the 6 year period anyway?

Yes for now because you need PR before you can apply for citizenship as spouse of British Citizen. You will not have to wait the extra 1 year on PR basically. You can apply for citizenship as spouse of BC immediately once you have obtained PR and the residence requirement is 3 years but you have to have PR. You cannot apply for PR earlier than 5 years.

[Julian11]

PR is automatic after 5 years, you don't need to apply for the certificate. So the second you hit the five year mark, you can apply for citizenship.

[Barbara_app]

Thank you both. I was hoping to be able to vote at the general elections, but I guess not
That 3 years residency is a complete red herring!

[Julian11]

For EU citizens, yes - it totally confused me beforehand as well. Technically you'll still only prove residency for 3 years, but because you are approving treaty rights for 5, that essentially covers 5 years worth of residency too.