Brazilian in the UK with Italian Passport to UK Citizen

[chimpongas]

Hi everyone,

Just looking for the best/fastest/easiest option for my Brazilian partner to get UK citizenship as it seems we have a number of options.

My wife's situation is as follows:

1. She is a Brazilian National who has held Italian citizenship and passport for 20 years due to her Italian family origins

2. She has been living and working in the UK as an Italian citizen for 15 years with an unbroken tax paying history with HMRC against her National Insurance number for this entire period

3. She was married to myself 10 years ago using her Italian passport as the identifying document (I am a natural born British citizen)

The fact she is also a Brazilian citizen is probably a red herring here, I am pretty sure whatever path we take it will be based on her being an Italian citizen.

My question is, what is the best/fastest/easiest of the following options for my wife to get her British citizenship?

A: Apply for her British citizenship as an Italian citizen using her marriage to a natural born British citizen?

Or

B: Apply for her British citizenship as an Italian citizen only?

Thanks in advance.

[Casa]

B as she will already have qualified for Permanent Residence (PR) through her Italian citizenship & exercising Treaty rights. Assuming she meets all the standard requirements, including B1 Level English + Life in the UK she can apply for BC now.

[geriatrix]

TBH, I don't think one is faster / easier / better than the other.

[Casa]

TBH, I don't think one is faster / easier / better than the other.

I assumed that as she has never applied for ILR under UK rules then with automatic PR, the EEA route would be simpler.

[chimpongas]

Thanks guys,.

Just to be 100% clear in all the 15 years she has lived and worked here in the UK as an Italian citizen, my wife has never applied for settled status, perhaps she should have done this?

Being an Italian (EU) citizen we just never bothered with it but feel British citizenship would be a "nice to have" now, surely her unbroken tax paying history for 15 years as a teacher in the UK will count?

Can someone give me a simple step by step guide for the best path to the British citizenship based on my wife's situation?

Many thanks.

[noajthan]

Thanks guys,.

Just to be 100% clear in all the 15 years she has lived and worked here in the UK as an Italian citizen, my wife has never applied for settled status, perhaps she should have done this?

Being an Italian (EU) citizen we just never bothered with it but feel British citizenship would be a "nice to have" now, surely her unbroken tax paying history for 15 years as a teacher in the UK will count?

Can someone give me a simple step by step guide for the best path to the British citizenship based on my wife's situation?

Many thanks.

Suggest applying on basis of EEA national who has automatically acquired PR in their own right (as suggested above).

Collate evidence...
Take & pass LITUK test (if not already done so).

Decide how to submit proof of English, options include submitting an ESOL certificate or degree.
See https://www.gov.uk/english-language/overview

Ensure other requirements are met including:
sound mind;
proof of residency;
absences within limits;
free of immigration time restrictions (note: as married to BC there is no need to hold PR for an additional 12 months before applying);
good character;
proof applicant was physically present in UK 5 years before applying; (note it's 5 years for EEA national even if married to BC);
etc, etc

Apply to naturalise on form AN either directly or by using a local council's NCS:
https://www.gov.uk/becoming-a-british-c ... w-to-apply

(Advantage of NCS: additional sanity checking of application for a reasonable, additional fee & you keep your original documents, except for LITUK certificate).

Best of luck.

[Casa]

Good advice noajthan +1

[chimpongas]

My thanks noajthan, a very helpful and comprehensive.

Much appreciated.

[noajthan]

My thanks noajthan, a very helpful and comprehensive.

Much appreciated.

@Casa, many thanks.

@chimpongas, glad it may help.

You just need to be systematic, crosscheck everything, keep copies & scans of all evidence - leave HO no 'wriggle room'.

Your final step will be to apply for a British passport after a successful naturalisation.

As your wife will be a triple citizen she may need to think in which name she will naturalise & in which name she will apply for her British passport.

With potentially 2 other current passports in hand you/she will need to be aware of a recent HO policy on names/identity:
https://www.gov.uk/government/news/crac ... -detection

You will have time to think about it whilst assembling the current application and forewarned is forearmed.

[geriatrix]

TBH, I don't think one is faster / easier / better than the other.

I assumed that as she has never applied for ILR under UK rules then with automatic PR, the EEA route would be simpler.

Casa, applying for naturalisation on basis of marriage to a British national doesn't need to be via the ILR route, can be via the PR route as well.

Whichever route (A or B) OP's wife takes, PR will need to be proved.
Hence, I commented that it won't make a difference.

The only tangible difference being that under A, OP's wife will be required to submit one extra document - OP's passport copy! Under B, this won't be required.

[Casa]

Thanks +1