Permanent residence or naturalisation? I'm an EEA nationaliy

[radi8]

My question is: Can we apply for British Nationality via naturalization strait way in April 2011 or do I need to apply first for Permanent Residency in Sep.2010? Also, does my wife need to apply for the PR in EEA4 or does she get that status automatically after staying 5-Y in the UK married an EEA nationality?

I am an EEA nationality (and my children as well), but my wife is non-EEA.We came in UK in September 2004(My wife had family visa for 1year until Sep.2005).After that we applied for Residence Permit (5 years), which will expire in Sep. 2010. In April 2005 I’ve got permanent job, so I have over 5 years continued work and 6 (1+5RP) years living in the UK.

On the UKBA British Citizenship website I red this information:
“If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain.

Please, could someone tell me how this work and what to do I’m not clear?
Thanks in advance

[John]

What are you wanting to achieve? Is it just your wife that would be applying for British Citizenship, with the rest of you content to just have your EEA nationality? Or are you all wanting to become British?

If the latter, what nationality are you? And do you know if there is an issue with dual nationality? That is, does your country have a problem with dual nationality?

Either way, PR status was acquired automatically after exercising Treaty Rights in the UK for 5 years. So having had PR status for at least one year means Citizenship can be applied for, subject to the usual conditions.

By the way, how old are the children?

For any adults wanting to apply for Naturalisation, has the Life in the UK Citizenship test already been passed? Or has that "pleasure" still got to be done?

[radi8]

Hello Mr John,
Thank you for your replay.We want to gain British nationality while we haven't any a problem with dual nationality? My children are 10 and 13years old and we both(my wife and I) have a pass on Life in UK test.

I will appreciate that if you let me know when we can we apply for naruralisation,because I'm not sure yet.

I have been working from April 2005 until now(means over 5 years),but I have been registered in HO in Sept.2005 when I've got Residence Permit (and my family as well).
My question is :I have to apply for British Citizenship -12 months after April 2011 or September 2011,while I'm gaining PR status automatically.

Thanks again

[John]

If you have been working in the UK since April 2005 ..... and can prove it ......... then I would say you can apply for Naturalisation as British from 6 years after you started working in the UK .... so from sometime in April 2011. Do make sure you were in the UK exactly 5 years before UKBA will receive the Naturalisation application.

Also, what about absences from the UK in the 5 years up to the application date? Roughly how many days do you envisage? Also in the 1 year up to the application date?

Your wife? Did she arrive at the same time as you? If yes, same for her as for you. If no, when did she arrive?

The children? Did they arrive in the UK at the same time as you? If no, when did they arrive in the UK?

[radi8]

Hello again Mr John,

Thanks to YOU and to this AMAZING site I learnt a lot for my case.
Just to clarify:
- My wife and my children arrived in UK as the same time as me, and we have been living in the UK from that day( been absent just for holiday-2or3 weeks every year).
We decided to apply for PR before the Naturalisation- EEA3 and EEA4 for my wife.
Little help in here,please:
- My children have been in state school from that day until now ,but my wife hasn't been working during this time(looking after our children,studying 3 years in college etc.)... Is there any problem for my wife to gain PR ?What documents should I provide for her?

Cheers

[John]

There is no problem for your wife getting her PR status confirmed. That is, her ability to get that depends not on her working but does depend upon you exercising Treaty Rights in the UK. That is if you get your PR status confirmed, then the same should happen for your wife .... and indeed for your children also.