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I think the husband would have permanent residence in 2015, however, but for absences, he may be able to apply for settlement under the long residency rules - 10 years legally resident in the UK - October 2013. Once settled eith by pr or ilr the husband should be eligible for naturalisation after 12 months of being settled or as soon as settled if wife becomes a British citizen.jacki121 wrote:Re; British Citizenship Eligibility;
I am writing to find out about British citizenship considering me and my wifes’ eligibility and status merits under the EU law provisions in the UK. We both intend to apply for British citizenship and settle in the UK permanently.
Our Details are as follows:
Husband- non EU citizen and wife EU citizen
Husband entered UK in October 2003 as Student and wife entered in 2005 as employee in full time employemt to this date.
We met here in UK and started to cohabit since September 2006 together.
Husband graduated in 2007 and entered International Graduate Scheme and extended stay under Post Study Work till August 2010
As being cohabiting together (over 4 years at the time of application; August 2010), husband applied under EU law in August 2010 and was granted Residence Document as a family member of an EEA national expiring on 07/12/2015 (for 5 years)
Got Married in 2012
Today we have been cohabiting for over 7 years as couple
We both intend to apply for British citizenship and settle in the UK permanently.
the QUESTION:
According to UKBA website
“Since 30 April 2006, EEA nationals (or their family members) who have been exercising free movement rights in the UK for a continuous period of five years will, at the end of that 5 year period, be automatically entitled to permanent residence in the UK and will not need to obtain indefinite leave to remain in the United Kingdom before applying for naturalisation. EEA nationals (or their family members) who completed the “5 year” period before 30 April 2006 will have acquired permanent residence on 30 April 2006.”
If we put our details into the context of the above paragraph we assume that we are eligible to apply for naturalisation without the precondition to apply for Indefinite Leave to Remain in the UK.
In essence we have been cohabiting as a couple in a relationship akin to marriage since September 2006 and if The Secretary of State takes this into consideration we are both eligible to apply for naturalisation.
However through this 7 years cohabiting together the non-EEA had (student, IGS, PSW) visas which we don’t know if it count towards that five years.
Our question is that considering the brief explanation can we both apply for naturalisation if at all especially for NON-EU national?
Is there anyone out there to advise us on this?
many many thanks.
jacki121 wrote:hi guys,
i am planning to apply for british passport.
i have been living legally in the uk for over 10 years now.
after getting my ILR next month or so can i immediatly apply for naturalisation as i have been living here for so long(10 years)? or i have to wait for 12 month before i can apply for BP?
I heard if applicant gets his ILR and the wife/husband is british he/she can immediatly apply for naturalisation is this correct?
thanks alot.
jacki121 wrote:Hi,
I have been living with my EEA partner for over 7 years and i have visa under EU rules expiring in 2015 (five years residence document).
i am wondering if i can apply for ILR using form EEA4 as we have been living together more than required five years?
however during that 7 years i had different visa(student) and i got the family member visa since 2010.
do i have to practic free movement or they will consider our cohabiting years ?
thanks for any help