TalwarV wrote:Hello All,
I am bit confused and wondering if you guys can advise. My EUFAM4 will expire in Feb 2012. I came to IRE in 2002 as Student and stayed as till June 2006 then Married to Austrian national in Austria and she moved with me to IRE in June2006. Then i applied EUFAM4 and got in Feb 2007.
Now, some ppl saying to apply for Permanent residency and others saying go for naturalisation. My questions are:
- What is the difference between PR and naturalisation?
- Is naturalisation similar to citizenship?
- Am i eligible to apply naturalisation?
- Should i apply PR before naturalisation?
- How long (approx) naturalisation application will take?
Below is the article on naturalisation application. is it true that it now takes on six months?
Minister Shatter introduces major changes to citizenship application processing regime
‘Reforms to include 6 month turnaround on naturalisation applications and the introduction of a formal citizenship ceremony’
The Minister for Justice, Equality and Defence, Alan Shatter, T.D., today provided details of a package of measures aimed at reforming his Department’s processing of naturalisation applications.
When the new Government came into office on 9th March there was a backlog of approximately 22,000 citizenship applications awaiting decision, approximately 17,000 of which had been awaiting decision for in excess of 6 months with an average waiting time of 26 months. As of this date there remain 14,000 applications awaiting decision in excess of 6 months. 5,578 citizenship applications have been dealt with in the past 2 and a half months which exceeds the full year total for 2010 which was 5,038.
Thank you so much in advance for your comments.
Regards,
Vik
There is/was currently a case before the ECJ in relation to the periods of time a person could use to count for permanent residency (ie before the directive was transposed into national law)
For clarity's sake, and without getting into periods of residency all ready granted, you would normally be eligible / automatically entitled to Permanent Residency in 2012. This of course is provided that your wife has exercised her Treaty Rights as per Article 7 of the Directive for a continous period of 5 years. Once she achieved that, she is entitled to it and so are you. There are of course exceptions to the 5 years requirement in the event one has worked a period of time but lost job through no fault of their own/medically unable to work.
Why go for Permanent Residency, well, first off, you and your wife would not have to worry about being "legal" after getting it, as conditions for residence for wifey, will not need to be complied with (ie Article 7), As already the case, you are entitled to all the normal advantages of Citizens. (far certain voting rights, and depending on where you are from, visa issues)
As for Citizenship, it depends, do you wish to keep a link to the country or are you using it simply to get EU citizenship? I don't think anyone could or should tell you what to do here, its a big choice.
But, there is absolutely nothing stopping you from applying for both. Although we are told that citizenship decisions will take 6 months, in the future, it might be another year before that can be realistically achieved, so as you need to keep status up to date, might as well apply for permanent residency.
Permanent Residency should be given within 6 months (with some form of EU FAm Stamp given in the meantime)
As for Citizenship eligibility at this time: Was 2007 the first time that you got non student residency (residency for citizenship only counts Stamps 1,3,4,5. So it 2012 then.
As you are aware, there is the good character rule, if you have been in trouble make sure you sent in extra material to prove that the time you were a bold boy was a once off, that you are of good character. (eg proof of voluntary work etc) It doubt the penalty point nonsense is going to have problems. Most people, even if in a spot of bother in the District, simply got refused for failing to mention the fact. If they had, and addressed the issue with the minister, they might have succeeded.
THen there is the social welfare issue. This is completely discretionary so it would be wrong to suggest what the Minister will do here. Under the old regime one need to show self sufficiency for 3 years before application. Its very important therefore to have all employment documents (p60, p21) to show that you paid your taxes etc (in case you had, for a period relied on welfare of whatever kind + if still unemployed, proof you are job searching)
