Spouse for EEA(PR) - 5 years required for residency?

[PeterMatheson]

Hello,

My American wife and dual-nat children were able to move with me from Germany, back home to Scotland, thanks to this forum, and the help you have given me before now, so thanks. She is coming up for 3 years since arriving in the UK and currently holds a Residence Card, after her Family Permit initially brought her here.

We've been looking forward to applying for citizenship at the 3 year mark, but to my dismay I read today that as of November, she will need to have a Permanent Residence Card - EEA (PR) - first. And to have had permanent residency for 12 months.

It seems that to apply for citizenship, you need 3 years as a spouse to be considered permanently resident, but there is nothing about that on the EEA (PR) form, stating it is the standard 5 year requirement. Adding the 12 month period of holding permanent residency, that makes it 6 years rather than 3, taking us into un-chartered Brexit territory, EEA (PR) being submitted potentially right around the expiration of Article 50. (I really hate that man )

Since the Permanent Resident Card is in itself only recognising permanent residence, not conferring it - should it not be possible to apply for it for a spouse at the 3 year mark, assuming it is based on the same law as the citizenship requirement? I wonder if it is a case of the form deliberately being confusing, especially as it is not even a requirement to use it.

In short my question is: Does the law that states 3 years is sufficient to count as permanent residency for a spouse apply to naturalisation form AN but not to EEA(PR)?

Any help or links to where this may already have been discussed would be much appreciated.

Peter

[Casa]

Although a spouse of a British citizen qualifies for BC after 3 years of residence, the sticking point is that PR (or ILR) requires a full 5 year period of residence. Once your wife has PR after completing 5 years, she can then apply immediately for BC assuming she meets all the standard requirements without waiting for 12 months.
She will need to apply for formal confirmation of PR before applying for BC.

[noajthan]

Hello,

My American wife and dual-nat children were able to move with me from Germany, back home to Scotland, thanks to this forum, and the help you have given me before now, so thanks. She is coming up for 3 years since arriving in the UK and currently holds a Residence Card, after her Family Permit initially brought her here.

We've been looking forward to applying for citizenship at the 3 year mark, but to my dismay I read today that as of November, she will need to have a Permanent Residence Card - EEA (PR) - first. And to have had permanent residency for 12 months.

It seems that to apply for citizenship, you need 3 years as a spouse to be considered permanently resident, but there is nothing about that on the EEA (PR) form, stating it is the standard 5 year requirement. Adding the 12 month period of holding permanent residency, that makes it 6 years rather than 3, taking us into un-chartered Brexit territory, EEA (PR) being submitted potentially right around the expiration of Article 50. (I really hate that man )

Since the Permanent Resident Card is in itself only recognising permanent residence, not conferring it - should it not be possible to apply for it for a spouse at the 3 year mark, assuming it is based on the same law as the citizenship requirement? I wonder if it is a case of the form deliberately being confusing, especially as it is not even a requirement to use it.

In short my question is: Does the law that states 3 years is sufficient to count as permanent residency for a spouse apply to naturalisation form AN but not to EEA(PR)?

Any help or links to where this may already have been discussed would be much appreciated.

Peter

Short answer: yes - but the 3 years is not about 'permanent' residency.

Don't try to use logic or commonsense, its EU and UK law and HO you are dealing with.

EU 'PR card' law is not the same law as for citizenship!
You are kind of mixing up two different sets of requirements based on different immigration paradigms and legislative frameworks.

It takes 5 years residence for the spouse of a returned SS-er to acquire PR.
(Assuming you haven't enjoyed any prolonged absences from UK since returning to Blighty).

Yes, the spouse of a BC can apply for the privilege of citizenship under s 6(2) of BNA after 3 years residence.
But in your case, as you are a proxy EEA national, that 3 years is subsumed into the 5 years needed to acquire PR. So overall its 5 years.

The one benefit of having a BC spouse (in migration terms) is there is no need to be free from immigration time restrictions for 12 months ie after wife gets that holy grail of settled status (PR).
So it won't take 6 years before naturalising, it will take the 5 years since you entered UK.

The AN guide does cover this quite well:
https://www.gov.uk/government/uploads/s ... e_2016.pdf