10-year Permanent Residence card = IFR for Naturalisation?

[tangorama]

Dear all,

Merry Christmas!!! Had too much turkey for lunch...

In summary, as a non-EEU citizen I married a EU citizen and obtained
the usual marriage visa. After 5 years, finally came around to apply
for permanent residency status via EEA4 application form back in Aug
2006. Wife is happy with her residence card which we obtained after
marriage and did not submit her application for ILR. I finally got my
passport back from the Home Office a few days before Christmas, with a
permanent residence sticker in my passport (woo-hoo!!).

Now the real question is, for the type of document I've been given, it
is a 10-year Permanent Residence Card, issued in November 2006, with no
restriction on my activities in UK (e.g. working, etc.). However, what
concerns me is that there is a renewal date in 10 years' time for the
PR card (Nov 2016)

My question is whether this has the same status as Indefinite Leave to
Remain for application to be naturalised as a British? I intend to
apply as a naturalised British come next year and would have met all
the conditions in 12 months' time (5 years' legal residency, less than
300 or so days out of the country) except for this minor
clarification...

Any help / advice would be greatly appreciated! I have read the
guidance notes and info on the IND website but just couldn't find out
about this minor clarification...

Tangorama

[John]

However, what concerns me is that there is a renewal date in 10 years' time for the PR card (Nov 2016)

No problem, that is simply a provision in the EU regulations that came into force on 30.04.06. Think of it as comparable to a British Passport, also valid for 10 years. The person does not cease to be a British Citizen when their passport expires, do they. The same with your Permanent Residence sticker.

Wife is happy with her residence card which we obtained after
marriage and did not submit her application for ILR.

So your wife is the EU citizen. Accordingly she is automatically covered, whether she likes it or not, by those EU regulations that came into force on 30.04.06! Accordingly, even without application, she got Permanent Residence status on the latter of :-

• 5 years after she started exercising EU Treaty Rights in the UK, or
• 30.04.06, when those regulations came into force

The fact that she does not have a Permanent Residence sticker in her passport makes no difference, except she has no ready proof that she has Permanent Residence. She is entitled to apply on form EEA3 for that Permanent Residence sticker at any time she wishes, but I emphasise that she has that status even without completing the EEA3.

It follows from this that if she had already exercised EU Treaty Rights in the UK for 5+ years by 30.04.06, she automatically got Permanent Residence status on that date. Therefore if that is the case she becomes eligible to apply for Naturalisation as British on or after 30.04.07, assuming of course she has passed the Citizenship Test by then.

Can I ask, what country is she from? I am just trying to gauge whether there might be an issue with dual nationality?

For you, you will need to wait until you have had your Permanent Residence status for at least one year before applying for Naturalisation, unless your wife gets Naturalised before then, when you will be able to apply as soon as your wife is a British Citizen.

[tangorama]

John,

thank you for your prompt reply! That is comforting to know, going down the DIY route is quite a hassle at times...

Wife is Spanish, which I don't think has a problem with dual nationality, only thing is that she never gets around to do the application.

Thanks for elaborating on her eligibility to get naturalised sooner than I do, she has indeed fulfilled all the requirements (we are ultra law-abiding!). It's just down to me wanting to become a British more than she does!

Thanks again and have a wonderful and pleasant holiday!

Tangorama

[JAJ]

Wife is Spanish, which I don't think has a problem with dual nationality,

I am not so sure about that. You should write to the Spanish Embassy, or check with a Spanish immigration/nationality lawyer, but as far as I know (don't take it as 100% correct) a Spanish citizen may lose Spanish citizenship by becoming a British citizen. Spain is relaxed about dual citizenship with Latin American countries, there may be issues elsewhere.

Even if she decides not to become British, having proof of Permanent Residence may well come in useful for other purposes, eg claiming certain social benefits.

Have you any UK born children, or do you plan to have such children in future?

[tangorama]

JAJ,

you are right!!! Spain doesn't allow dual nationality except Latin America + couple of others.

No kids so far but it's a matter of time

[JAJ]

JAJ,

you are right!!! Spain doesn't allow dual nationality except Latin America + couple of others.

No kids so far but it's a matter of time

You should be aware that any children born in the United Kingdom will automatically be British citizens based on your Permanent Resident status.

If the child is born before you become naturalised British, you should obtain confirmation of their British citizenship by writing to the Home Office IND in Liverpool. With their confirmation of the child's status in writing, you'll be able to apply for their British passports. (the child would be British at birth but some front-line Passport Office officials do not understand the new laws, apparently).

And you should confirm this with the Spanish, but if they are dual British/Spanish at birth, then they may be allowed to keep both citizenships for life.

Even if the Spanish want them to "choose" at a particular age, a declaration made to the Spanish authorities has no legal effect in UK law. It would only be a problem if the Spanish wanted them to formally sign away their British citizenship under UK law.