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Advice on Citizenship application

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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eg4am1
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Advice on Citizenship application

Post by eg4am1 » Tue Oct 30, 2012 8:44 pm

Hi
Thank you in advance for any help here :) .
I have a few questions if someone can advise. I have been here in UK 10 years now.
6 years on Student
2 years on IGS Post study
and 2 years on EEA family member visa (my mrs is EEA national)
I haven't been outside UK for more then 5 months at a time in the last 6 years

My Mrs lives in London while i Live in Southampton because of Jobs. She just finished her 1 year contract recently and is looking for another job in london. We do see each other every weekend.
Q) Will this effect my application?

Q) As i am applying on the basis that i have been here in UK legally 10 years does the 5 years EEA family member clause come into play?

Any other advice out there or suggestions to help me smooth out this process?
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Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Re: Advice on Citizenship application

Post by Jambo » Tue Oct 30, 2012 10:00 pm

eg4am1 wrote: Q) Will this effect my application?
No. Why would it?
Q) As i am applying on the basis that i have been here in UK legally 10 years does the 5 years EEA family member clause come into play?
Not sure what you mean by that. The last two years of the 10 years would be considered under the EEA regulations which would mean you will need to prove that your wife has been exercising treaty rights during those years.
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eg4am1
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Re: Advice on Citizenship application

Post by eg4am1 » Tue Oct 30, 2012 10:58 pm

Jambo wrote:
eg4am1 wrote: Q) Will this effect my application?
No. Why would it?
Q) As i am applying on the basis that i have been here in UK legally 10 years does the 5 years EEA family member clause come into play?
Not sure what you mean by that. The last two years of the 10 years would be considered under the EEA regulations which would mean you will need to prove that your wife has been exercising treaty rights during those years.
Thanks for replying Jambo. My wife has been working here in UK for the last 2 years but just recently finished her contract so her current status is unemployed, however she is looking for jobs in uk. My main concerns were 1) her current employment status and 2) that she doesn't live at the same address as me at the moment. Can you shed some light on this?

Many thanks in Advance
Asim
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Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Oct 30, 2012 11:16 pm

A few weeks of unemployment, while she is seeking a new one, is fine. Your wife would still be considered exercising treaty rights. If you plan to apply now, then her past P60's or letter from previous employer would be fine.

You are not required to live in the same address to be considered a couple. I don't think the form actually asks for your wife address (if she is not applying) so I don't think it will even come up. You can also provide a letter from her employer confirming her employment if you prefer that on payslips with her home address on them.
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Greenie
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United Kingdom

Post by Greenie » Wed Oct 31, 2012 5:14 am

You need to be free from immigration time restrictions for one year in order to apply for citizenship. Essentially this either means you have been granted ILR under the immigration rules or you have acquired permanent residence under the Eea regulations. Do you have either?
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Jambo
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Post by Jambo » Wed Oct 31, 2012 7:17 am

For some reason I was treating your question as if it was about long residence ILR and not citizenship.

As Greenie pointed out, you first need to apply for ILR. You can apply for naturalisation 1 year after the ILR is granted.
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eg4am1
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Post by eg4am1 » Wed Oct 31, 2012 9:19 am

Greenie wrote:You need to be free from immigration time restrictions for one year in order to apply for citizenship. Essentially this either means you have been granted ILR under the immigration rules or you have acquired permanent residence under the Eea regulations. Do you have either?
Currently my visa status is Family member of EEA. and the visa expires in 2015. so this means no Citizenship yet. First ILR? Also Do you have to wait one year after Neutraliziation to get your british passport?
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Jambo
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Post by Jambo » Wed Oct 31, 2012 9:54 am

The sequence is settlement (ILR/PR) -> After 1 year -> Naturalisation. If granted (and after a ceremony), you become British citizen and can apply for a passport (if you wish).

When did you get married? and from when are you living in the UK as married to EEA national?

You can either apply for 10 years long residence ILR or obtain PR under the EEA regulations after 5 years of living in the UK married to a EEA national (who is exercising treaty rights).
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eg4am1
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Post by eg4am1 » Wed Oct 31, 2012 10:33 am

Jambo wrote:The sequence is settlement (ILR/PR) -> After 1 year -> Naturalisation. If granted (and after a ceremony), you become British citizen and can apply for a passport (if you wish).

When did you get married? and from when are you living in the UK as married to EEA national?

You can either apply for 10 years long residence ILR or obtain PR under the EEA regulations after 5 years of living in the UK married to a EEA national (who is exercising treaty rights).
Hi Jambo

We have been married since Sept 2010 so since October 2010 My visa status has been as EEA family member.
Am I right is guessing that once you get the citizenship you don't have to wait to get the passport? i.e after your ceromony you can apply for passport straigh away?

Also i just passed my citizienship test. Do you know how long is it valid for?

Regards
Asim
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Jambo
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Post by Jambo » Wed Oct 31, 2012 10:36 am

eg4am1 wrote:We have been married since Sept 2010 so since October 2010 My visa status has been as EEA family member.
So either apply now under 10 years ILR (costs money) or obtain PR automatically in 2015 (free). I would guess you will opt for the first option.
Am I right is guessing that once you get the citizenship you don't have to wait to get the passport? i.e after your ceromony you can apply for passport straigh away?
You are correct.
Also i just passed my citizienship test. Do you know how long is it valid for?
Forever. Just don't lose the certificate.
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eg4am1
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Post by eg4am1 » Wed Oct 31, 2012 10:40 am

Jambo wrote:
eg4am1 wrote:We have been married since Sept 2010 so since October 2010 My visa status has been as EEA family member.
So either apply now under 10 years ILR (costs money) or obtain PR automatically in 2015 (free). I would guess you will opt for the first option.
Am I right is guessing that once you get the citizenship you don't have to wait to get the passport? i.e after your ceromony you can apply for passport straigh away?
You are correct.
Also i just passed my citizienship test. Do you know how long is it valid for?
Forever. Just don't lose the certificate.

You have been a great help Jambo. I went to Immigrations lawyers last month and they advised me to apply for citizenship. I am glad there are knowledgeable people out there like you. Many thanks again

Asim
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