EEA PR married to British citizen

[Azurite]

Hi All,

I moved to UK in September 2011 and I will be soon applying for EEA Permanent Residency. I am getting married in January 2017 to EU citizen who would be British citizen by then. When can I apply for British citizenship? Do I need to wait another 12 months until September 2017? Or can I apply straight after getting married, in January 2017? Do I even need to apply for EEA PR card in the first place?

I found similar case in Citizenship FAQ, but it covered ILR example and not EEA PR - I wasn't sure if the same rules apply. Also there is a note that when married to British citizen, only last 3 years of residency apply, but at the same time I need to meet permanent residency requirement (which suggests full 5 years in my case). It also doesn't say anywhere whether I need to be married for full 3 years before applying.

Many thanks in advance!

[CR001]

ILR (UK Immigration route) is the equivalent of PR (EU route).

If you hold PR and are married to a British citizen, you DO NOT have to wait 12 months.

The requirements for spouse of BC is 3 years residence, no more than 270 days absence in the 3 years and no more than 90 days absence in the 12 months immediately preceding your application date.

You also MUST have been physically present in the UK on the exact same date 3 years ago, to the date you apply for BC.

[Azurite]

Thanks, That's what I thought, but just wanted to double check.

Does it mean I can apply a day after I get married?

If there are just 3 years residence required, does it mean I don't need to submit PR application at all?

I was confused by the information on official Government website that says:

2. If your spouse is a British citizen

If you’re married to, or the civil partner of, a British citizen, you can apply for citizenship if:

- you’re 18 or over
- you’re of sound mind, eg you’re able to think and make decisions for yourself
- you’re of good character, eg you don’t have a serious or recent criminal record
- you’ve met the knowledge of English and life in the UK requirements
- you’ve been granted indefinite leave to stay in the UK (this means there’s no specific date that you have to leave) or permanent residence if you’re an EEA national (and you have a permanent residence card or document that shows you have permanent residence)
- you meet the residency requirement

I was therefore under impression that I must obtain PR card prior to applying, even if I'm marrying British citizen. Which means being here for 5 years, but sounds like I don't need to wait another 12 months?

[Casa]

You are required to have confirmation of PR before applying for British citizenship even if married to a BC. However, you haven't said whether you are an EEA national. If you are a non-EU national, once your husband is granted BC he can no longer be your EEA sponsor. Are you employed?

[Azurite]

Yes, I am EU national - that's why I would be applying for EEA PR and not ILR. I am employed, without any gaps in my employment since I moved to UK.

So it sounds like I should apply for EEA PR card in September 2016, get married in January 2017 and if I only get my PR card by then, immediately apply for British citizenship?

Apologies if that sounds obvious, the application is quite expensive and I want to get it right. I asked at NCS and they said I need to wait 12 months but it didn't make much sense (but they also advised my fiancé who is here for 10+ years that he must wait 12 months from getting his EEA PR card which is obviously not true).

[LilyLalilu]

Okay, in that case apply for your DCPR in Sept 2016. Once you have received it you can apply for BC as the spouse of a BC as soon as you are married.

[Azurite]

That's perfect. Thank you very much for your help.

[ohara]

Yes, I am EU national - that's why I would be applying for EEA PR and not ILR. I am employed, without any gaps in my employment since I moved to UK.

Non-EEA family members of EEA citizens can also get EEA permanent residence.

[Casa]

Yes, I am EU national - that's why I would be applying for EEA PR and not ILR. I am employed, without any gaps in my employment since I moved to UK.

Non-EEA family members of EEA citizens can also get EEA permanent residence.

Correct, but there are complications once the EEA sponsor is granted BC as they are no longer considered to be an EEA citizen, which is why the advice is generally to delay applying for BC until the non-EEA family member has been granted PR.
However, no issue in this case as Azurite has confirmed they are exercising Treaty rights in their own name.