Renew residence permit or apply for passport?? Confused!!

[JulesDS]

Hi

I was born in the UK but have an Irish passport. My non EU husband's residence permit expired late last year. (We were advised that this was fine as long as we didn't plan to leave the country and then come back in (they said he would not be allowed back in!)

Initially he was going to apply for another residence permit however he has now decided to apply for a British passport. How do we go about this and is this the best thing to do?? I have looked at the UKBA website but it is impossible to get a clear answer there.

Many thanks

[Amber]

Before he could apply for a British Passport he would need to naturalise (click)

European Economic Area nationals and Swiss nationals
If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

If you have been outside the UK for six months or more in any one of the five years of the residence period, you will have broken your residence. This does not apply if:

the absence was due to military service; or
all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.
If you leave the UK for a continuous period of two years or more, you will lose your permanent residence status.

If you have indefinite leave to remain (ILR) in the UK, you will be considered to be settled here provided that you have not been away for two years or more since you received ILR.

[geriatrix]

And, cannot apply for naturalisation without being granted ILR (under UK immigration law) or acquiring PR (under EEA directive).

[JulesDS]

Many thanks for your speedy responses! So first step is to get permanent residence OR indefinite leave to remain???

[JulesDS]

Is naturalisation the same as becoming a British Citizen??!?

[geriatrix]

Yes, it is one way of becoming a British citizen (e.g. - British by birth, British by descent, British by naturalisation, British by registration, etc.).

[geriatrix]

Yes, it is one way of becoming a British citizen (e.g. - British by birth, British by descent, British by naturalisation, British by registration, etc.).

[JulesDS]

Thanks! So he would be naturalised and then be able to apply for the passport?? Will that fact that I am on an Irish passport be an issue??

[Amber]

So the first step may be to establish whether your husband has exercised treaty rights for 5 years thus has PR?

[JulesDS]

Thanks! He has excercised treaty rights (if by that you mean he hasn't left the UK for more that 6 months etc!?!?!). Is PR or ILR automatic or is it something that you have to apply for!?!

[Amber]

PR is automatic but easier to prove if you have a PR card.

[geriatrix]

So the first step may be to establish whether your husband has exercised treaty rights for 5 years thus has PR?

Isn't it the EEA national (OP) who is required to exercise treaty rights during the qualifying residential period, rather than the non-EEA family member (the applicant in question)?

[Amber]

Yes, more appropriately I should have perhaps said that the husband had the right to reside for a continuous 5 years. Though, non eea family members can retain their right to reside. Exercising treaty rights merely means to exercise rights enshrined in the treaty for which family members of eea nationals have rights.

[JulesDS]

Thanks! I have exercised treaty rights as well! So, our first step is to get the PR card?

[JulesDS]

When I click on the form for permanent residence on the UKBA website, it opens up the form for indefinite leave to remain. It says it costs £1051!?!?!?!?!?!?!?!?!?

[Amber]

Well you could bypass that step if you have evidence to say that PR has been obtained.

• Evidence of exercising Treaty Rights for 5 years for the relevant EEA national. This may include: o Confirmation of tax payment for individuals who are self-employed / business person o Confirmation of payslips/P60 for workers
o Confirmation of enrolment and attendance of an accredited course for Students
o Evidence of funds and comprehensive sickness insurance for self sufficient persons and students o Evidence of state pension (not occupational pension) for retired person.
o Medical report if permanently incapacitated
• Evidence of five years continuous residence in the UK
• If applying as the direct family member of an EEA national, evidence of relationship to that EEA national

[Amber]

When I click on the form for permanent residence on the UKBA website, it opens up the form for indefinite leave to remain. It says it costs £1051!?!?!?!?!?!?!?!?!?

That's the wrong form for PR it's here(click) though you don't need it, see above.

[JulesDS]

Right! So straight for naturalisation then on to the passport??!!?

Thanks so much for all your help on this!

[Amber]

Make sure the other requirements are met too (click)

[JulesDS]

Thanks so much for all your help and speedy responses!

[Amber]

Use the Nationality Checking Service (click) to check your application and so you can get your documents straight back.