Clarification

[joerack]

Hello,

I've gone through the uk border agency website, but I'm still needing some additional info about my case.

I was born in Great britain in 1981, of British mother and Italian father.
We lived in Britain until 1985 and since then I have been living in Italy.

I would like to apply for a British passport from here, and then return to Uk- can I consider myself eligible already ?

My wife is Brazilian. This july she will be eligible for italian naturalization.
Should we first wait for her passport? or move over with her Eu-Ilr.

Could you shed any light on this for me, please

Thanks,
Joe

[Jambo]

You are British from birth. You can apply for a British passport (if you wish). You can also move to the UK using your Italian nationality (under the EEA free movement directive).

How long would the Italian citizenship process take? If the process is not too long, I would wait as it useful to have an EU passport.


If you don't wait for her Italian nationality, you have two options:

- Use your UK citizenship and apply for a UK spouse visa. She will need to pass a test in English and there is a fee for the visa (£800 I think).

- Use your Italian citizenship and move to the UK. There is no cost involved.


The main advantage of using the UK route (although it is costly) is that it offers a shorter path to UK citizenship (3 years) compared to the EEA route (5 years).

[AlexS]

As far as I know (I researched a bit about it a few years ago, as my wife is Italian), Italian naturalization can take up to 2 years, and it's more cumbersome than the British one, in a sense that they ask for much more documentation. On the other hand, the waiting time is much less (only six months since marriage if they live in Italy, two years if they live anywhere else).
At some point I had to choose, and I chose British, even though I had to wait 4 more years until I was eligible.

But if Joerack is British, the 3 years waiting time for his wife to become British, isn't counted since marriage, even if they live somewhere else?

[Jambo]

At some point I had to choose, and I chose British, even though I had to wait 4 more years until I was eligible.

But if Joerack is British, the 3 years waiting time for his wife to become British, isn't counted since marriage, even if they live somewhere else?

The requirements for naturalisation as BC requires residence in the UK (3 years if married to BC).

You don't need to choose. You can have both. Although there isn't any much advantage at the moment for having another EU nationality.

[AlexS]

Yes, I know I can have both, what I meant was to choose what route to go, Italian or British.

So, even if married for 20 years to a British citizen, you can't acquire British citizenship unless you reside in UK for 3 years?

[joerack]

thanks alot for the quick reply.

By the way,
how long would it take to get my UK passport If I were to send my documents to be processed from Italy to Paris?

Would I have to undergo an Interview? because on this page it mentions it..
http://www.direct.gov.uk/en/TravelAndTr ... /DG_183772


thanks again

[Jambo]

Don't know how long it takes from Italy but within the UK, it takes 3-4 weeks as it also involves an interview (for first time passport).

Any reason you want to get the British passport now? You can move to the UK using your Italian passport/ID and apply later from the UK.

[joerack]

understood,

yes, I guess that for me it would be easier to move to uk and get the passport there.


So my wife remains the main issue I guess.

Her brazilian passport expires next year, and like I mentioned earlier, she has an Italian spouse Ilr.

http://www.ukba.homeoffice.gov.uk/visas ... ed-a-visa/
I understand that this web page says that she can get a tourist visa for a max. period of 3+3 months.
In this period of time I would have to settle with a job obviously so we can prove that we won't depend on public funds.

Oh, and btw, her English knowledge is below zero, no way she would pass a language test.

What happens if instead of entering uk with the italian ilr, she enters with an italian passport.


thanks

[Jambo]

The Italian ILR has no affect in the UK. She can either enter with a Brazilian passport (no need for a visa) or an Italian passport. As she is married to you (EEA national) as long as you exercise treaty rights in the UK, she is legal in the country. If she has an Italian passport, then she is not dependent on you exercising treaty rights and can reside by her own rights.

She should not enter as a tourist but enter with you (or joining you) as a EEA national family member. She will need to show your marriage certificate at the border (to prove the relationship). She will get a 6 months stamp in her passport. The 6 months don't "expire" as she is legal in the UK as long as you exercise treaty rights. There is no need for a visa or permission from the UK Home Office for her to stay. However, it is advisable to apply for a Residence Card using form EEA2 as it will ease re-entry and finding employment.