Naturalisation - PR via Surinder Singh Route

[claudia123]

Hi all,
Does anyone know if either the 5 or 3 year period would apply in my case?
Surinder Singh route, so EEA PR but married to a British citizen.
I have been in the UK for nearly 6 years but just wondering if I should have been physically present 3 years or 5 years prior to my submitting my application.

[CR001]

3 years as spouse of British citizen.

[silverxlibra]

I beg to differ. I have just applied for British citizenship after getting my EEA PR card after 5 years of residence.
Surinder Singh route is an EU immigration route, not an internal UK one. You are essentially treated as the family member of an *EEA citizen*, NOT a British one. You therefore have to have been living in the UK for the past 5 years. The only thing waved is the requirement to have held PR for at least 12 months before applying for British citizenship, specifically if you're *married* to a British citizen (but not if you came here as any other family member, including as an unmarried partner).

[CR001]

I beg to differ. I have just applied for British citizenship after getting my EEA PR card after 5 years of residence.
Surinder Singh route is an EU immigration route, not an internal UK one. You are essentially treated as the family member of an *EEA citizen*, NOT a British one. You therefore have to have been living in the UK for the past 5 years. The only thing waved is the requirement to have held PR for at least 12 months before applying for British citizenship, specifically if you're *married* to a British citizen (but not if you came here as any other family member, including as an unmarried partner).

You are wrong. A spouse of a British citizen is an application under Section 6(2) of the British nationality act and is based on the last 3 years residence immediately preceding date of application. It is a rule within the citizenship legislation and nothing to do with EU rules.

Applying for citizenship has nothing to do with the route used to obtain ILR or PR as both routes require 5 years residence for ILR or PR and only a spouse of a BC can apply using section 6(2). Unmarried partners of British citizens don't qualify for this route under Section 6(2)

Citizenship laws are completely independent and separate to any EU/EEA rules.

[silverxlibra]

One wouldn't qualify for naturalisation after 3 years of living in the UK under the Surinder Singh route. To apply for citizenship you need to show that you're free from immigration restrictions - to hold a permanent residence card in this case. You wouldn't be issued with a PR card unless you've been living in the UK for 5 years. So PR first, then naturalisation immediately after if you're married to a British citizen.

[CR001]

One wouldn't qualify for naturalisation after 3 years of living in the UK under the Surinder Singh route. To apply for citizenship you need to show that you're free from immigration restrictions - to hold a permanent residence card in this case. You wouldn't be issued with a PR card unless you've been living in the UK for 5 years. So PR first, then naturalisation immediately after if you're married to a British citizen.

You are missing the point and confusing the different requirements for different applications. No one can qualify for PR or ILR without having 5 years residence in the UK. There is no 3 year route for ILR and PR.

The 3 year spouse of BC is for citizenship only and an allowance for spouse of British citizens to apply under this section of the act which is based on 3 years residence, regardless of the 5 or 10 year route taken to PR/ILR.

The requirements for ILR and PR and completely separate to citizenship laws.

I never said in my initial reply that it is 3 years residence only without PR etc.

[silverxlibra]

https://www.gov.uk/british-citizenship tells us the following:

You may be able to apply as the spouse or civil partner of a British citizen instead. You need to have lived in the UK for the last 3 years and have either:

• indefinite leave to remain
• a permanent residence document (if you’re from the EEA)

So you're absolutely right as far as the question in this thread goes: you need to show you have lived in the UK for the past 3 years if you're a spouse of a British citizen.
I was wrong in my reading of the question itself. But essentially in many, if not most cases, this 3 year qualifying period would be meaningless since you still have to have PR, and it cannot be earned without having lived here for 5 years.

[CR001]

https://www.gov.uk/british-citizenship tells us the following:

You may be able to apply as the spouse or civil partner of a British citizen instead. You need to have lived in the UK for the last 3 years and have either:

• indefinite leave to remain
• a permanent residence document (if you’re from the EEA)

So you're absolutely right as far as the question in this thread goes: you need to show you have lived in the UK for the past 3 years if you're a spouse of a British citizen.
I was wrong in my reading of the question itself. But essentially in many, if not most cases, this 3 year qualifying period would be meaningless since you still have to have PR, and it cannot be earned without having lived here for 5 years.

Correct, all routes to ILR or PR is 5 years, eea and UK immigration routes.

However, to understand some of where it comes from, prior to 9th July 2012 when spouse of BC or ILR holder visas were much easier to get with minimal requirements (no English or financial etc) compared to now, the visas were issued for 27 months and the spouse could apply for ILR after 24 months in the UK. Then holding 1 year of ILR, brings us to the 3 year residence requirement for bc based on spouse of BC.

It is harder to change nationality laws than immigration rules, hence the 3 year spouse of BC section 6(2) of the BNA route has remained in the act.

[silverxlibra]

I was beginning to question my sanity and immigration history, thinking 'am I an idiot and did I somehow miss the fact that I could have qualified for citizenship 2 years ago?' Clarity at last, and thank you for shedding light on the background of this requirement.

[CR001]

I was beginning to questing my sanity and immigration history, thinking 'am I an idiot and did I somehow miss the fact that I could have qualified for citizenship 2 years ago?' Clarity at last, and thank you for shedding light on the history of this thing.

Many get confused by this. Some even think it is a case of their spouse must have been British for 3 years, which is also not the case. It is being a spouse of a British citizen on the date of application even if the British spouse only became British one day previously.