Post
by Casa » Mon Feb 16, 2015 12:05 pm
"If you are a national of a member state of the EEA and do not have indefinite leave to
remain in the United Kingdom, you will need to have been resident in the United
Kingdom for at least five years even if you are married to a British citizen."
"If you are from an EEA member state or Switzerland you will be free from immigration
conditions if you have been exercising EEA free movement or establishment rights in the
UK for 5 continuous years"
If the applicant is in the UK under EEA regulations and not on a UK spouse visa, then the above applies. A non-EU national isn't required to exercise treaty rights (as this isn't relevant) and they qualify for BC after only 3 years legal residence if married to a BC. However as the spouse route to ILR is now 5 years (post 9 July 2012), a BC application can't be submitted until permanent residence has been achieved.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.