Permanent Residence or Naturalization for a Non-EEA spouse

[Ugo]

Hello all,

I am new on this forum. I would be glad if some one can help me here.

I am a non-EEA national married to a British Citizen who exercised her treaty rights in an EEA country. My spouse and I came to the UK in 2008 from the EEA country where we lived and worked.

I came with a Family Permit Visa. In 2009, I was given a Residence Card of a Family Member of an EEA by Home Office (HO) which expires in July 2014.

My wife and I have been studying and working ever since we came here and I have passed The Life in the UK Test.

My dilenma is, since my wife is British, and I have Residence Card of a Family Member of an EEA National, what should I apply for, Permanent Residence or Naturalization?
My other question is , if I have to apply for PR on average how long does it take to be processed and how long would I wait afterwards to apply for Naturalization?
Likewise, if I have to apply for Naturalization, any idea on how long it takes on average for HO to reach a decision?

Many thanks,

Ugo-C

[NJW]

You cannot apply for naturalisation unless you have no time restriction on your stay in the UK; that is PR or ILR.

As you entered the UK under the EEA rules you have to continue under those rules and cannot switch to the UK immigration rules, so you cannot apply for ILR but have to apply for PR, which you cannot do until you have lived in the UK for 5 years. Although as you do come under the EEA rules, you don't actually need to apply as you will receive it anyway. But I would recommend doing so as it can save complications when/if you need to demonstrate your right to live in the UK.

Normally, once someone has held held PR for 1 year they can, provided you meet all the other requirements, apply for naturalisation. However, as you are the spouse of a British citizen you should not have to wait this additional year

see https://www.gov.uk/government/publicati ... en-form-an for more details of the requirements for naturalisation and how to apply.

The official advice is to allow up to 6 months for an application to be processed, but usually it is about half that.

[Ugo]

Thanks for the useful information. However, I am not completely sure of all the points you posited, are you saying I can not apply for natuaralization after 6 years of continous stay in the UK without obtaining PR first?

Even though I saw that you indicated that I don't necessarily need to apply for the PR since it is automatic after 5 years in the UK.

So, can I apply for Naturalization without the PR? If yes, would this be a straight forward case or would require the services of an immigration Lawer?

[majamcr]

I applied for BC after a 5 year residence without a PR card (eligibility: non-EEA spouse of an EEA/recently naturalised British citizen). I had to send documents confirming that I have acquired PR status along with my BC application (something like a mini EEA4 application). My application was approved within 3 months (which was about 3 weeks longer than average for the people who applied about the same time). I applied via post (not even using NCS). Mu husband had a continuous employment with the same employer since he moved to the UK and I was also continuously employed for most of the relevant 5 years. So if you are confident you can clearly demonstrate your PR status together with your BC application, there is no reason to apply for a PR card first, as you will become eligible for BC and PR on the same day (assuming you satisfy all other BC requirements such as on the number of days outside of the UK and good character).

[majamcr]

Btw, I also moved to the UK in 2008 (November) and was issued a 5 year residence card in July 2009 (after a long wait). Thus I acquired a PR status in November 2013 and applied for BC in January 2014. You do not have to wait 5 years after your residence card is issued to apply for PR/BC. 5 years are counted from the day you arrived to the UK, so it seems you obtained your PR status in 2013.

[majamcr]

Normally, EEA nationals who are exercising their Treaty rights by studying, need to have a comprehensive sickness insurance (either private or an EHIC issued by the country they come from). I do not know how this applies to British citizens who exercise their EEA Treaty rights in the UK -- might be worth checking if your spouse has not been continuously working for the last 5 years. Maybe some senior members can help.

[majamcr]

One more thing comes to my mind. Unlike with EEA4 applications, you do not receive an COA (confirming your right to work for 6 months) after a BC application. Considering that your residence card is expiring in July, if you apply for BC without a PR card, it might be difficult to prove your right to work (and to travel outside the UK) once your residence card has expired and you are waiting for the outcome of the BC application.

[Ugo]

Thank you majamcr, your posts have really raised my hopes and made me think that perhaps I have been a bit slow in my approach. The fact is that I came to the UK with my British Spouse in July 2008. So, I completed Five years in July 2013 and "automatically acquired PR" then. Does it also mean that I could have applied for Naturalization straight away in 2013 considering that my wife is British originally?

Now, with all the information I have gathered from this Forum, I am more than convinced that I am eligible to apply for Naturalization, the worry however is when can I apply, now or in July when the present Residence Card expires?

I wonder if your case is exactly applicable to me because my spouse was born British and if I would be treated differently since she does not hold a dual nationality e.g. EU and British unlike your spouse. She only did exercise her treaty rights in an EU country.

My spouse and I have been working since we came here with no breaks in addition to studying so there wouldn't be any problem at all in proving our exercising rights in the UK. We have actually called HRMC to provide evidence of our Five Year work history in the UK and they obliged to send it asap. We have never left UK for more than a month.

I also understand the fact that it might be difficult to find a job when my application is with Home Office as a result I have gotten me a job already and my employers knows that I will be applying for PR or Naturalization soon. So I think I am okay with that.

So to reiterate, do you reckon I can apply for Naturalization now and not necessarily wait until July when I am 6 years in the UK?

[majamcr]

You certainly can apply for BC now -- you became eligible in July 2013. As a spouse of a British citizen you do not have to wait 1 year after PR, but can apply immediately after you acquire it. From what you wrote, it should be easy to demonstrate your PR status. You just need to pass the Life in the UK test and provide a proof of sufficient English knowledge. Good luck!

[Ugo]

Thanks again. I must admit your advice is the most comprehensive and apt I have received on this dilemma. I shall apply for BC as soon as I get my spouse and my work history from HMRC.

[majamcr]

You might want to check the EEA FAQs as well:
http://www.immigrationboards.com/eea-ro ... 14867.html

For Surinder Singh case it says:

"Once a PR status has been obtained (after 5 years of residence), the non-EEA national can apply for British citizenship as a spouse of BC."