PR for unmarried non-EEA and EEA national

[oct84]

Hi,

I am a non EEA unmarried partner of a EEA national and have my RC just "expired" after 5 years. I have been living in the UK for 10.5 years legally now.

My EEA partner wants to apply for PR and naturalisation, she has lived in the UK for 30+ years but only holds a EEA passport.
She is divorced (was married to a UK citizen for 5+ years) and has 1 kid from that marriage.

We have a couple of questions that we hope you can assist with:

Q1. Does she need to apply for PR under EEA law or can she go other way?

Q2. What would be the best option for both of us to get PR.

Thanks!

[secret.simon]

Q1. Does she need to apply for PR under EEA law or can she go other way?

If she wishes to retain PR, it is highly recommended (due to the uncertainties of Brexit) for the EEA citizen to get a DCPR, but it is not a requirement.

If she wishes to become a British citizen, a DCPR is a requirement.

Q2. What would be the best option for both of us to get PR.

a. Apply for and get your (non-EEA) PR Card.
b. Apply for and get the DCPR for the EEA citizen.
c. Assuming that the EEA citizen's PR was acquired in the past, she should be able to apply for naturalisation immediately.
d. The unmarried non-EEA partner can apply for naturalisation one year after having acquired PR (five years after the start of the RC).

[ohara]

Q2. What would be the best option for both of us to get PR.

a. Apply for and get your (non-EEA) PR Card.
b. Apply for and get the DCPR for the EEA citizen.
c. Assuming that the EEA citizen's PR was acquired in the past, she should be able to apply for naturalisation immediately.
d. The unmarried non-EEA partner can apply for naturalisation one year after having acquired PR (five years after the start of the RC).

Bearing in mind that PR itself is of course acquired automatically, not applied for, so the status exists regardless of whether one holds a PR card or DCPR.

[secret.simon]

Q2. What would be the best option for both of us to get PR.

a. Apply for and get your (non-EEA) PR Card.
b. Apply for and get the DCPR for the EEA citizen.
c. Assuming that the EEA citizen's PR was acquired in the past, she should be able to apply for naturalisation immediately.
d. The unmarried non-EEA partner can apply for naturalisation one year after having acquired PR (five years after the start of the RC).

Bearing in mind that PR itself is of course acquired automatically, not applied for, so the status exists regardless of whether one holds a PR card or DCPR.

Apologies. The latter part of my answer was predicated on the assumption that the couple would want to progress towards British citizenship.

Ohara is quite correct in stating that if both members of the couple have acquired PR in their individual right, they do not need to do anything to retain it (apart from avoiding absences longer than two years from the UK).

[noajthan]

Pro tip: If one partner becomes a BC the other may naturalise as soon as they have PRC (& meet all other requirements for privilege of citizenship) by making a section 6(2) application to naturalise.
That is, instead of waiting a further 12 months for a section 6(1) application.

But make sure everyone who needs EU documentation has it in the bag before EU sponsor naturalises.

[secret.simon]

Pro tip: If one partner becomes a BC the other may naturalise as soon as they have PRC (& meet all other requirements for privilege of citizenship) by making a section 6(2) application to naturalise.
That is, instead of waiting a further 12 months for a section 6(1) application.

But make sure everyone who needs EU documentation has it in the bag before EU sponsor naturalises.

The couple are not married. Section 6(2) only applies to spouses.

[oct84]

Thank you very much for the advise!

We both wish to get BC as we are worried about the changes Brexit might bring.

Can we apply for DCPR at the same time in one application?

[ohara]

Can we apply for DCPR at the same time in one application?

Yes, you are able to apply together on the same form EEA(PR). It should be completed from the perspective of the EEA national as they are the main applicant.