EEA4 or British citizenship

[liane25]

Hi, As I am preparing to apply next year I would like to ask if I can skip EEA4 as some people did in this forum.

January 2010- got married
Sept 2010- arrived in UK
January 2011- RC received

*My husband has been naturalized last October 2013 but still keep his EEA citizenship.
Can I apply straight to British citizenship? Your opinions and advises will be appreciated. Thanks.

[majamcr]

You will automatically obtain PR status in September 2015 and as a spouse of British citizen you can apply for BC immediately after that. You can skip EEA4 (I was in exactly the same situation as you and I skipped EEA4) but then you will have to demonstrate your PR status together with your BC application.

This means that you will have to send :
1. your husband's EEA id/passport + a proof of him exercising Treaty rights for the relevant 5 years+ proof of your 5-year continuous residence in the UK
2.your husband's British passport/naturalisation certificate
3. marriage certificate
4. LiUK test certificate + photo id you used to take this test + proof of sufficient English knowledge (where applicable)

You also have to fulfil the good character requirements and make sure that you have been physically present in the UK exactly 5 years before your application is received, and also that you have not been out of the country more than 450 days in the last 5 years, and 90 days in the last year before applying.

[liane25]

I can't thank you enough for this helpful information. I have been waiting for someone to answer this query of mine as I was feeling confused reading this in some site that I can only use this route "if the non-EEA family member already have permanent residence when the EEA national becomes a British citizen".

Now you ease my mind from this misery. I understand it more better and I can concentrate in preparing for my application next year. Thank you for sharing your experience

[majamcr]

One small remark: I realised I was wrong on the number of days outside of the UK. As a spouse of British citizen, you have to have been physically present in the UK exactly 3 years before your application is received and not have been outside of the country more than 270 days in the last 3 years and 90 days in the last year.

However, to demonstrate your PR status, if I recall it correctly - you must not have been out of the country more than 6 months in any of the last 5 years. Please check the EEA4 requirements for this.

I had less than 270 days out of the country in the last 5 years so did not worry about the exact requirements. Just to be on the safe side, I made sure that I was physically present in the country both 3 and 5 years prior to my application ( although not sure if the latter is actually required).

Good luck!

[majamcr]

Considering your "if the non-EEA family member already have permanent residence when the EEA national becomes a British citizen" remark: According to the new law from July 2012 dual EEA/British citizens are being treated as solely British. However, this seems to be applied only to the new EEA routes and the HO is making provisions for the people who have already started their residence via EEA route (e.g. as demonstrated by my case -- my husband obtained BC before I obtained PR status via EEA route and my BC application was still successful), so I would not worry in your place. This is in line with the Surinder Singh route by which British citizens can also exercise EEA Treaty Rights in the UK if they have lived in another EEA country before.

Maybe a senior member can also comment on this.

[liane25]

I was only out of UK more or less 50 days as of present counting.
Thank you once again for this information, its really a big help