Residence requrements EEA married to BC

[shana123]

Hi,
I'm an EU national married to a British Citizen. I am aware I have to be resident in the UK for 5 year before I can apply for citizenship. I am filling in the applicaition form and I'm stuck with section 2.2 Residence requirements. Do I list my trips/holidays that I made over 5 years or 3 yrs? My understanding is that it would be 5 years since I am an EU national.

Do I have to be physically present in the UK for 3 or 5 years prior to/on the date when the UKBA receive my application? Again, I'd assume the UKBA would check if I were in the UK on the day of my application 5 years before.

Am I right?

Many thanks

[Amber]

As you're the spouse of a British citizen your residency period is 3 years. You should also have ilr/pr and have been physically present in the UK 3 years before the home office receive the application.

[shana123]

As you're the spouse of a British citizen your residency period is 3 years. You should also have ilr/pr and have been physically present in the UK 3 years before the home office receive the application.

Hi

But I am an EU national and the guidance form says that it's 5 years for EU nationals even if they are married to a BC. I'm not subject to an immigration route and so I've gained my ILR after 5 years.

[Amber]

There are two components in your case, 1. You have exercised treaty rights for 5 years and have attained permanent residency - makes you free from immigration control (providing evidence unless you have a PR card) and 2. You meet the 3 years residency requirement, were physically present in the uk 3 years ago and have been resident in the uk for 3 years but for allowed absences.