Dual UK/EEA Citizens

[Plena76]

Hi all,

Good day. I got through this board by chance and after having read lots of posts decided to join cos I need clarification on something that seems to be confusing to most people so I hope to get your clear opinions on this:)

I am a Nigerian, got married to my husband (Hungarian) in 2012 (before then I was here on both students visa and Post study visa. We both live in the UK.

I applied for my residence permit as a Family member of an EEA national which I got in 2012.

I then applied for a permanent residence card in January 2017 (meanwhile my husband got his British citizenship in 2015), I mentioned this in my application to the Home office and also provided a copy of his British passport. I got the residence card this year March 2017.

I was generally of the opinion that to get the British citizenship, I would have to wait a year before I can apply based on the EEA route but the cover letter fro the home office mentioned that is my partner is a British citizen, I can apply immediately without waiting for a year as long as I meet the residence requirements.

I don't want my application to be rejected/returned as the cost is too much so my question is:
Can I really apply now for the British citizenship. There is nothing on Uk gov site that explains this clause.

Once again, thanks
Chioma

[CR001]

Yes you can apply immediately as the spouse of a British Citizen.

You must make sure that on the date you apply, you were physically present in the UK on the same date 3 years ago and that your absence in the 3 years is no more than 270 days.

[Plena76]

@CR001,

Thanks for responding.

Its funny how I am so scared now but wasn't really when applying for the residence card which was about 85 pages. Guess it’s the fees involved in this process.

If you don't mind, can you take a look at this article that I have just come across which confounds the whole issue.

Third party weblink removed by moderator

Once again,

Thanks
Chioma

[CR001]

If you have Permanent residence card and married to a British citizen, you are free to apply.

I read the article (but have removed the link as it is for a solicitor). What is your concern regarding the article?

[Plena76]

Thanks again @CR001

Here's my concern,

“It is a common misconception that if you hold dual nationality for the EU country you originally belong to and subsequently obtain British citizenship, your dependant family members’ immigration status in the UK is not affected. This is incorrect as EU nationals who are now also British citizens are not considered to be EU nationals’ for the purposes of the Immigration (European Economic Area) Regulations 2006 (‘the Regulations’)”.

He then went on to mentioned that there are transitional arrangements which were put in place following amendments to the regulations in July 2012.

i-Persons residing in the UK on 16 July 2012
ii-Persons who had applied for an EEA family permit before 16 July 2012-(I got my EEA family permit on the 2nd of July 2012). Does this mean that I have met one of the conditions and so I am ok?

Regards
Chioma

[CR001]

This has nothing to do with applying for Citizenship. It has everything to do with PR, which you already have and yes, you were under the transitional provisions.

[Plena76]

@CR001

Thank you so much, you have been very helpful

God Bless
Chioma

[pusched]

Hi Chioma,

Do you mind me asking if went down the EEA route for the Resident Permit?

I am EU citizen and my partner is from non-EU. We are married and my partner moved to the UK in November 2013 so we want to apply for Permanent Residency next November; however in the meantime, I am waiting for my British Citizenship.

I wonder if we go down the EEA route, the Home Office will refuse it as I will be a British Citizen then and trying to see if anyone has done have we have and were successful as would obviously prefer to pay £65 than a couple of thousand pounds.

If you went down the EEA route, did you apply to become a British Citizen straight away after you got your Resident Permit?

Thank you in advance.