route for british citizenship being a Non Eu family member

[desi_parrot]

well here is some thing . .about me struggling being a EU family member lol

i came to uk as a student , in 2004 july . and then got married with eu national in 2006 . after that i was issued resident card till 2012. and in 2008 my passport expired . and i send my application to home office to transfer the residence card stamp on new passport. but they issued me a new resident card. which is valid .till 2014..

my wife has been here from december 2004 and she recently got her PR .. to get british passport.. as she is EU national . so there wasnt any problem..

question is when actually i can apply for pr. or naturalization.as a british national. being a eu family member in 2011 it will be total of 5 years.. .but in the country i have been more than 6 and half years.

should we send our joint applicatio for citizenship. . or she should apply 1st.

guys . any idea.. . plz help me out .. i am so confused..

thanks

regards

kash

[vinny]

Your PR status should start in 2011, 5 years after marriage. Under current laws, you may apply after then.

[desi_parrot]

but .. should i apply for PR in 2011 .
or BC in 2011
my mrs can apply for citizenship now . but she is waiting to send a joint applicaiton .. with joint fee
would you tell me plz..
should i get PR in 2011 and then wait one year and then apply for citizenship?
or i should apply straight away in 2011 for citizenship?
one more thing y the time i have been as a student doesnt count for my residence qualifying period??
much appriciate
thanks
cheers

[vinny]

If you want apply together and pay joint fees then both should have PR for at least one year.

[alejandrouk]

Vinny just to over a clarify your last post and with help of other posts that I have read in the forum such as the one made by Plum70 in particular the 2nd point:

Time spent in the UK under UK law prior to becoming the family member of a EU national does NOT count. So:

1. As you entered into CP in Sept. 2007 you will automatically attain PR in Sept. 2012, provided you remain the family member of a EU national or one who has retained rights of residency (following divorce).

2. If your partner naturalizes in Sept 2010, and provided that the UK naturalisation laws do not change, you will be able to naturalise as a British citizen once you have attained PR. That is you would not have to hold PR for one year before naturalizing (as would be the case if your partner does not naturalize at all).

Though PR is attained automatically, it is probably better (for admin purposes) to obtain confirmation from the UKBA before applying for BC so your PR status is crystal clear on paper for all to see .

I gather that this means then that you can not make joint applications for naturalization unless that both (the EEA national and the non-EEA family member) have completed a period of 6 years exercising rights.

And that the only way to speed this up for the non-EEA family member by one year, is by the EEA national applying for naturalization (once that has completed the 6 years required) first and then the non-EEA family member can apply for naturalization in 5 and not 6 years, ie. as soon as the non-EEA family member acquires PR.

Is this correct way to understand this??

[vinny]

I believe so.

[desi_parrot]

thanks for your reply guys
well i called the home office yesterday to get a clear information
you know what they have told me .
only EU national will be get PR automatically after 5 years right..
but non eu family member has to apply officially for PR to home office before applying for naturalisation.
i tried to explain her about home office website.. but she didnt bother really
i dont understand that..
any body hav idea . ?
was she right?

[alejandrouk]

From page 5 of the Guide for the form AN for naturalization (available at http://www.ukba.homeoffice.gov.uk/briti ... alisation/)

New immigration regulations came into force on 30 April 2006. If you are a national of a
country which is a member state of the EEA or Switzerland, or the family member of such a
person, you will automatically have permanent residence status after exercising EEA free
movement rights in the UK for any continuous period of 5 years ending on or after 30 April
2006, and therefore will not have to apply for indefinite leave to remain. But remember
that, unless married to or the civil partner of a British citizen, you should normally have
held permanent resident status for 12 months before applying for naturalisation.

On a related note:

For married couples to a British Citizen seems clear that they can apply for naturalization without having to wait one more year. I would like to know if anyone else here knows if there is a provision that would make this to apply also for unmarried couples??

[DualNational]

the info you got from the incompetent morons on the phone is incorrect. you DON'T HAVE TO get the PR sticker, it confirms what you already AUTOMATICALLY get etc. You are NOT subject to immigration control, the UKBA can't control your movement when accompanying the EU Fam. Memb. although on a practial note, they do.

So, just apply for Naturalisation directly in 2011 if your Mrs. becomes British by then, and attach their own guidance from the website when applying.

Don't worry, with the UKBA staff, it's similar to when you seek doctors' view, you need to speak to more than one! otherwise you end up with a possible incorrect diagnosis

From page 5 of the Guide for the form AN for naturalization (available at http://www.ukba.homeoffice.gov.uk/briti ... alisation/)

New immigration regulations came into force on 30 April 2006. If you are a national of a
country which is a member state of the EEA or Switzerland, or the family member of such a
person, you will automatically have permanent residence status after exercising EEA free
movement rights in the UK for any continuous period of 5 years ending on or after 30 April
2006, and therefore will not have to apply for indefinite leave to remain. But remember
that, unless married to or the civil partner of a British citizen, you should normally have
held permanent resident status for 12 months before applying for naturalisation.

On a related note:

For married couples to a British Citizen seems clear that they can apply for naturalization without having to wait one more year. I would like to know if anyone else here knows if there is a provision that would make this to apply also for unmarried couples??

[desi_parrot]

thanks guys..
as you mentioned . if my wife become british citizen. so i dont have to wait for one year. and i can aplly straight away in 2011..
the one and only question is..
my wife has been in the country for more than 6 years.. and she can apply for naturalisation any time..
right what if me and wife send a joint application in 2011 . then .. if her application will be sucessful . . they will consider mine as well ?????

[desi_parrot]

sorry ignore last post
it was stupid. i got it.
but another problemmmmmmmmmmmmmmm
according to my wifes country law if she becomes british .she ll loose her EU citizenship...
so mean i wont be a EU family member any more.
what would b next.. if i send my application .
would it be consider as a family member.
or have to go for again set f and set m something for 2 years and the ILR
sort me our brov.
cheers

[alejandrouk]

As far as I understand.

There will not be a problem if she becomes BC after you have completed the 5 years of being married as you will obtain PR automatically, and once that you are under PR you hold your rights independently.

Then when you have PR she can naturalize, and then you can apply for naturalization too soon after she obtains hers without having to wait for the extra 12 months holding PR, as you will be married to an BC.

Would be good if anyone else here could confirm that this is correct.