Civil Partner of EEA Citizen. Naturalization

[javiersierra1]

Hi!! I need Help!! I have an enquiry regarding the naturalization process. I don't know if you can help me but if not, I will appreciate if you forward this to the right person.

I would like to become a British Citizen (as I'm colombian) at the end of this year as in September of this year will be 5 years since I arrived to the UK. I have read the Guide on the website but I really don’t know if I qualify to do the process this year. Please see below my case.


1. I arrived to the UK in September 4th of 2005 on a student visa. Whilst studying here, I meet my partner who is an EEA Citizen.

2. In February of 2007 we got into a Civil Partnership and I applied for the EEA Family permit, this lasts 5 years and this expired in August of 2012.

3. My partner has been living in the UK since September of 2004 exercising Treaty Rights. So to that date he would be doing that for 6 years.


In the light of this, I don’t know if I could apply after living in the UK for a continuous period of 5 years as I’ve been living here legally all this time but I’m not sure If count the 5 years from the start of my Family permit of from September of 2005.

Also, my partner would qualify in September of 2010 to apply for naturalization as a British Nationality. He has always been employed and has all the documentation to prove this. Can we do a Joint application?

I would really appreciate your help as this is a bit confusing for me and is a very important step. I would like to do it right and not having any problem with my future application.

Please help!!

[Plum70]

Time spent in the UK under UK law prior to becoming the family member of a EU national does NOT count. So:

1. As you entered into CP in Sept. 2007 you will automatically attain PR in Sept. 2012, provided you remain the family member of a EU national or one who has retained rights of residency (following divorce).

2. If your partner naturalizes in Sept 2010, and provided that the UK naturalisation laws do not change, you will be able to naturalise as a British citizen once you have attained PR. That is you would not have to hold PR for one year before naturalizing (as would be the case if your partner does not naturalize at all).

Though PR is attained automatically, it is probably better (for admin purposes) to obtain confirmation from the UKBA before applying for BC so your PR status is crystal clear on paper for all to see .

[javiersierra1]

Time spent in the UK under UK law prior to becoming the family member of a EU national does NOT count. So:

1. As you entered into CP in Sept. 2007 you will automatically attain PR in Sept. 2012, provided you remain the family member of a EU national or one who has retained rights of residency (following divorce).

2. If your partner naturalizes in Sept 2010, and provided that the UK naturalisation laws do not change, you will be able to naturalise as a British citizen once you have attained PR. That is you would not have to hold PR for one year before naturalizing (as would be the case if your partner does not naturalize at all).

Though PR is attained automatically, it is probably better (for admin purposes) to obtain confirmation of PR from the UKBA before applying for BC so your PR status is crystal clear on paper for all to see .

Hi and thank you for answering. I would like to ask something else, please.

Does this means that if he gest his British Nationality at the end of 2010 I have the chance to apply for PR before 2012 since he would be a British National? And after one year holding this PR I can apply for Naturalization myself?

Im sorry is just a very confusing matter.

Thank you very much for your help.

[Plum70]

No. Your husband acquiring BC does not in any way speed up your acquisition of PR because BC is subject to UK nationality law and your acquisition of PR is subject to EU law both of which are immiscible.

You will only automatically attain PR in Sept. 2012 (in accordance with the relevant regulations in the EU directive) whether your husband naturalizes or not.