Can I apply for UK Citzenship based on the following:

[IndianaG]

Hi Everyone: (hopefully an easy question)
Here's my situation:
My wife is Spanish and has lived in the UK for about 10 years now.
Myself: I've been living and working in the UK for 6 years. I have a spousal visa now. We've been married 7 years.

Can I apply for UK citizenship with this status? Or do I need to go through an interim step like Indefinite Leave to Remain? Thanks much!

Kindly,
IndianaG

[Jambo]

Spouse visa? Do you mean a spouse of a person settled in the UK or a Residence Card as a family member of EEA national?

What is your immigration history (type of visa etc)?

In any case, ILR (or the EEA route equivalent of PR) is needed. However, PR under EEA regulations is obtained automatically after 5 years of exercising treaty rights so depending on what your wife has been doing, would determine if you have a PR already. In that case, you can apply directly for BC.


See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting.

[IndianaG]

Spouse visa? Do you mean a spouse of a person settled in the UK or a Residence Card as a family member of EEA national?

What is your immigration history (type of visa etc)?

In any case, ILR (or the EEA route equivalent of PR) is needed. However, PR under EEA regulations is obtained automatically after 5 years of exercising treaty rights so depending on what your wife has been doing, would determine if you have a PR already. In that case, you can apply directly for BC.


See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting.

Hi Jambo.. Thanks. Yes, my wife has been exercising treaty rights ( I suppose). She is not a British citizen, but has been living and working in the UK continuously for the past 9 years or so. I'm here in the UK under a spousal Visa (i.e. as a husband of an EU national (Spanish wife).

So, just to confirm (assuming I've given enough info here), that I can apply for UK citizenship without any intermediate step. As I've mentioned, I've been in the UK for 6 years now. THanks again.

Geo

[Jambo]

Spouse visa is the term used for visas under the UK immigration rules (for example a spouse of a British citizen). You are applying based on the EEA regulations which is a different set of rules.
(it is not a criticism. Just wanted to make sure you use the correct term so your situation is clear to other readers).

Your case seems to be straightforward so you can apply for BC directly. Under EEA regulations, its the EEA national activities that matter. Not yours. You will need to provide proof of your wife exercising treaty rights for 5 years leading to one year before the application (so September 2006-September 2011). P60's or a letter from employer are fine (or if your wife has a document certifying her PR status). You will need to provide evidence you have been living in the UK during that time. I suggest you have a look at form EEA4 which is for PR Confirmation as you basically need to prove exactly that for the first stage.

Once the HO establish you have obtained PR at least one year before the application, they will examine your naturalisation application (5 years of residence i.e. 2007-2012, good charcter etc).

You will also need to pass the Life in the UK test before applying.