No ILR for EEA citizens from 30 April 2006 ?

[luckyredrose]

I have read:

The most significant change is that from 30 April 2006 any EEA
Or Swiss national (or their family member) who has been exercising free movement rights in the UK for a continuous period of five years will, at the end of that period, become automatically entitled to permanent residence in the UK. He or she will not need to apply to IND for a grant of ILR or similar. So any child born on or after 30.04.2006 to an EEA or Swiss National who meets this criteria will have an automatic claim to British citizenship. However, please note that an applicants five years continuous residence will be broken if the individual is out of the United Kingdom for any period of 6 months or more in any single year. The entitlement to permanent residence will be lost following continuous absence from the UK for a period of two or more years (as is normally the case with ILR).

My Questions:

1. My partner was issued with WRS registration on 03-03-06. Does it mean that he will became automatically Permanent resident 03-03-11? Can I get automatically Permanent resident status with him submitting form EEA3 or EEA? I am non-EEA citizen holder of 5 year Residency card.

2. Does it mean that on 03-03-12 he can apply for British citizenship without applying for ILR? Would I be able to apply with him at the same time? My Residency card was issued on 07-2007.

Thanks

[sakura]

I have read:

The most significant change is that from 30 April 2006 any EEA
Or Swiss national (or their family member) who has been exercising free movement rights in the UK for a continuous period of five years will, at the end of that period, become automatically entitled to permanent residence in the UK. He or she will not need to apply to IND for a grant of ILR or similar. So any child born on or after 30.04.2006 to an EEA or Swiss National who meets this criteria will have an automatic claim to British citizenship. However, please note that an applicants five years continuous residence will be broken if the individual is out of the United Kingdom for any period of 6 months or more in any single year. The entitlement to permanent residence will be lost following continuous absence from the UK for a period of two or more years (as is normally the case with ILR).

My Questions:

1. My partner was issued with WRS registration on 03-03-06. Does it mean that he will became automatically Permanent resident 03-03-11? Can I get automatically Permanent resident status with him submitting form EEA3 or EEA? I am non-EEA citizen holder of 5 year Residency card.

2. Does it mean that on 03-03-12 he can apply for British citizenship without applying for ILR? Would I be able to apply with him at the same time? My Residency card was issued on 07-2007.

Thanks

1. Your partner will get permanent residency after 5 years in the UK as an EEA national exercising treaty rights. So, he entered the UK in 2006, meaning he will be granted permanent residency automatically in 2011. In 2012, he can apply for naturalisation as a British Citizen. He will have to take the Life in the UK test (and any other condition added onto that), to be granted citizenship.

What country is your partner from? Does he want to naturalise? Depending on this country's nationality laws, he might be asked to renounce his citizenship to become a British citizen.

[luckyredrose]

I have read:

The most significant change is that from 30 April 2006 any EEA
Or Swiss national (or their family member) who has been exercising free movement rights in the UK for a continuous period of five years will, at the end of that period, become automatically entitled to permanent residence in the UK. He or she will not need to apply to IND for a grant of ILR or similar. So any child born on or after 30.04.2006 to an EEA or Swiss National who meets this criteria will have an automatic claim to British citizenship. However, please note that an applicants five years continuous residence will be broken if the individual is out of the United Kingdom for any period of 6 months or more in any single year. The entitlement to permanent residence will be lost following continuous absence from the UK for a period of two or more years (as is normally the case with ILR).

My Questions:

1. My partner was issued with WRS registration on 03-03-06. Does it mean that he will became automatically Permanent resident 03-03-11? Can I get automatically Permanent resident status with him submitting form EEA3 or EEA? I am non-EEA citizen holder of 5 year Residency card.

2. Does it mean that on 03-03-12 he can apply for British citizenship without applying for ILR? Would I be able to apply with him at the same time? My Residency card was issued on 07-2007.

Thanks

1. Your partner will get permanent residency after 5 years in the UK as an EEA national exercising treaty rights. So, he entered the UK in 2006, meaning he will be granted permanent residency automatically in 2011. In 2012, he can apply for naturalisation as a British Citizen. He will have to take the Life in the UK test (and any other condition added onto that), to be granted citizenship.

What country is your partner from? Does he want to naturalise? Depending on this country's nationality laws, he might be asked to renounce his citizenship to become a British citizen.

I am more interested about my gole posts. How does his circumstances afect my own.

When I will became Permanent Resident and when I will became eligible for British citizenship?

Thanks

[sakura]

I have read:

The most significant change is that from 30 April 2006 any EEA
Or Swiss national (or their family member) who has been exercising free movement rights in the UK for a continuous period of five years will, at the end of that period, become automatically entitled to permanent residence in the UK. He or she will not need to apply to IND for a grant of ILR or similar. So any child born on or after 30.04.2006 to an EEA or Swiss National who meets this criteria will have an automatic claim to British citizenship. However, please note that an applicants five years continuous residence will be broken if the individual is out of the United Kingdom for any period of 6 months or more in any single year. The entitlement to permanent residence will be lost following continuous absence from the UK for a period of two or more years (as is normally the case with ILR).

My Questions:

1. My partner was issued with WRS registration on 03-03-06. Does it mean that he will became automatically Permanent resident 03-03-11? Can I get automatically Permanent resident status with him submitting form EEA3 or EEA? I am non-EEA citizen holder of 5 year Residency card.

2. Does it mean that on 03-03-12 he can apply for British citizenship without applying for ILR? Would I be able to apply with him at the same time? My Residency card was issued on 07-2007.

Thanks

1. Your partner will get permanent residency after 5 years in the UK as an EEA national exercising treaty rights. So, he entered the UK in 2006, meaning he will be granted permanent residency automatically in 2011. In 2012, he can apply for naturalisation as a British Citizen. He will have to take the Life in the UK test (and any other condition added onto that), to be granted citizenship.

What country is your partner from? Does he want to naturalise? Depending on this country's nationality laws, he might be asked to renounce his citizenship to become a British citizen.

I am more interested about my gole posts. How does his circumstances afect my own.

When I will became Permanent Resident and when I will became eligible for British citizenship?

Thanks

Well, if you actually just answered the questions, I would have been able to answer yours in more detail. It is not as easy as what you wrote, which is why I asked further questions.

[luckyredrose]

He is from Poland.

[sakura]

He is from Poland.

Ok.....I'm reading about dual nationality rules for Polish nationals, it's not written in a straightforward manner! Anyway, if we just take it that he will become a dual national in 2012.

Can I get automatically Permanent resident status with him submitting form EEA3 or EEA? I am non-EEA citizen holder of 5 year Residency card.

I think - no, you need to have been in the UK for five years, with your EEA permit. So you can't apply with him.

2. Does it mean that on 03-03-12 he can apply for British citizenship without applying for ILR? Would I be able to apply with him at the same time? My Residency card was issued on 07-2007.

EEA nationals don't need ILR, they obtain the EEA equivalent of PR. So, 12 months after obtaining PR, he can apply for naturalisation.
You cannot apply for PR with him in 2011, because you need to have been in the UK for five years. So you get your PR in July 2012. As soon as he is naturalised, you can apply immediately for naturalisation on the basis of marriage to a British citizen. You cannot apply with him at the same time (because you wouldn't even have PR by then - you only obtain PR in July 2012, but he can apply for naturalisation in March 2012). What you do is, as soon as he becomes a British citizen, you can apply.

I'll wait for some other member to confer with the above, but I think that is correct.

(I hope you understand this! I can't seem to explain it the way I want!)

[Docterror]

Sorry sakura, but the 5 years needed includes the 1 year on the WRS as well. So, it is PR in 2011 and if they decide go forth, BC in 2012.

[sakura]

Sorry sakura, but the 5 years needed includes the 1 year on the WRS as well. So, it is PR in 2011 and if they decide go forth, BC in 2012.

Can you further elaborate, doc?
Do you mean 1 yr WRS + 5 yrs exercising rights = 6 years to PR? Or 1 yr WRS + 4 years thereafter?
I'm a little bit confused...

[IMMIGRATION LAWYER]

Your partner must have worked 12 months under WRS and then she would be able to apply for a UK/EEA Residence Card. Make it 5 years since that date = point when she would be able to apply for ILR.

Now make it another 12 months since that = point when she would be able to apply for Nturalization as a British Citizen.

Good luck

[JAJ]

Your partner must have worked 12 months under WRS and then she would be able to apply for a UK/EEA Residence Card. Make it 5 years since that date = point when she would be able to apply for ILR.

The 5 year clock starts ticking on first arrival in the U.K.

Now make it another 12 months since that = point when she would be able to apply for Nturalization as a British Citizen.

Unless original poster has become a British citizen in the meantime.

[Docterror]

Sorry sakura, but the 5 years needed includes the 1 year on the WRS as well. So, it is PR in 2011 and if they decide go forth, BC in 2012.

Can you further elaborate, doc?
Do you mean 1 yr WRS + 5 yrs exercising rights = 6 years to PR? Or 1 yr WRS + 4 years thereafter?
I'm a little bit confused...

Sorry if I was ambiguous before, but a JAJ mentioned it is 5 years since the first arrival.i.e- It is 1 year on WRS and 4 years more of treaty rights to PR.

[sakura]

Sorry sakura, but the 5 years needed includes the 1 year on the WRS as well. So, it is PR in 2011 and if they decide go forth, BC in 2012.

Can you further elaborate, doc?
Do you mean 1 yr WRS + 5 yrs exercising rights = 6 years to PR? Or 1 yr WRS + 4 years thereafter?
I'm a little bit confused...

Sorry if I was ambiguous before, but a JAJ mentioned it is 5 years since the first arrival.i.e- It is 1 year on WRS and 4 years more of treaty rights to PR.

I see. However, I didn't mention anything about the WRS? I just wrote 5 years to PR (in 2011) and 1 year thereafter to BC (2012)? Unless you're referring to the OP? I assume she used the EEA permit to enter the UK, and so came here one year after her partner, although she doesn't mention when they first entered.

luckyredrose - when exactly did you first enter the UK?

[Docterror]

To clear the whole thing. luckyredrose was issued a Residence Card in July 2007. Which means (most probably) it was applied for around in Jan 2007 and she must have been on the EEAFP since July 2006 or since the hubby came in on 03.03.2006, there is a chance that the OP came in with him and applied for the FMRS and then the Residence Card in March 2007. This entire bit is pure speculation.

If it is the former case, the time for the OP is the time she entered the UK or got married to the Polish spouse and if it is the latter the time for the OP is the same as her hubby which will be the same as his time on WRS and then 4 years. Whatever it be, I seriously doubt that the OP will get the PR in July 2012(as suggested) but rather marginally earlier- say atleast half an year.

I hope I have covered myself this time. So the information needed to stop this all is the one you have asked. When did the luckyredrose enter UK, or get married to the Polish, (if marriage held in UK and then switched)?

[luckyredrose]

Your partner must have worked 12 months under WRS and then she would be able to apply for a UK/EEA Residence Card. Make it 5 years since that date = point when she would be able to apply for ILR.

Now make it another 12 months since that = point when she would be able to apply for Nturalization as a British Citizen.

Good luck

I would like to ask question about date from when the clock starts clicking with regards of Permanent Residency.

My partner Entered UK on 01-OCT-2005. He was searching for job and found one in 20-FEB-2006. Than he got WRS certificate on 09-MAR-2006.

When his residency therefore started

a) on 01-OCT-2005
b) on 20- FEB-2006
c) on 09-MAR-2006

Thanks

[VictoriaS]

1st October. He was excercising his treaty rights as soon as he started looking for work.

Victoria

[RayJay]

1st October. He was exercising his treaty rights as soon as he started looking for work.

Victoria

can I jump in here.
I am a bit confuse. My wife from Czech originally came here in 2000 on aupair visa and when extended visa finished in 2002, We were already married. I was waiting for my asylum application (Afghanistan) then and I put her on my application as a dependant.

later on when Czech joined EU in 2004 then we applied for resident permit as self employed.

Can she say she was here since 2000 as Czech and can apply for Naturalization now?

Thanks

[Docterror]

RayJay, Czech nationals like all other A8 nationals will only get their PR in 2009, as they are only considered as exercising the treaty rights or 5 years since 2004.

[RayJay]

thank you all
I am sure there will be loads of post around June in 2009 regarding this matter. By Nov (when our 5 years complete) will learn more about it.

regards

[luckyredrose]

I have US citizenship
I would like to ask question about date from when the clock starts clicking with regards of my Permanent Residency.

I have ntered UK on 01-OCT-2005 on tourist visa. then I returned to the US and re-enter UK after 6 months on family visa on 08-OCT-07. 20-FEB-2006. Than I got Residency permit (EEA2 application done) on 02-07-07

When his residency therefore started

a) on 01-OCT-2005
b) on 08-OCT-07
c) on 02-JUL-07


Thanks

[Docterror]

I seriosly doubt that you entered/will enter on 08 Oct 2007. Adjusting dates according to logic, your residency started on 08.10.2006. Expect your PR, if all goes as planned, on 8.10.2011.