EU National to British Citizen

[galatie]

I am a US citizen, and my husband is a Belgian citizen. He first arrived in the UK in October 2010 to work, and has resided here ever since, exercising his treaty rights. We married in May 2012, where I received my EEA2 visa, which expires in 2017.

Since then, we have had a baby who was born in October 2014. We want to explore our options and ultimately, get British citizenship for the baby, and for ourselves. Can someone please tell me the steps in which we need to get this done? Does my husband need to apply for his permanent residence card first (he will be in the UK for 5 years next month). The way I understand it, he can apply for permanent residency next month, and then a year later, apply for British citizenship. Will he becoming British have any effect on me or the baby?

Thank you!

[secret.simon]

PR is acquired by an EU citizen exercising treaty rights (working, job-seeking, studying or being self-sufficient) for five, continuous years. So, provided he meets the requirements for PR, he acquires PR automatically (i.e. no need to apply for it).

PR gives him settled status. If your child was born in the UK, then s/he can be registered as a British citizen when your husband acquires settled status, i.e. PR.

After one year of PR (under current rules)-approximately October 2016, as per your data-, he will be eligible to apply for British citizenship.

However, his acquisition of British nationality may (the rules are not entirely clear) affect your status as the family dependant of an EEA national. Hence, I would not suggest his applying for British citizenship at this point in time.

In 2017 (assuming that the UK does not leave the EU or that there are no significant changes in the law), you will acquire PR. At that point, your status will be independent from that of your husband. He can then apply for British nationality without affecting your immigration status (it can have knockon effects on your citizenship application, however).

You can apply for citizenship either in your own right in 2018 or as soon as your husband becomes a British citizen and you have PR. If your child was born outside the UK, that is when s/he can be registered as a British citizen.

[noajthan]

I am a US citizen, and my husband is a Belgian citizen. He first arrived in the UK in October 2010 to work, and has resided here ever since, exercising his treaty rights. We married in May 2012, where I received my EEA2 visa, which expires in 2017.

Since then, we have had a baby who was born in October 2014. We want to explore our options and ultimately, get British citizenship for the baby, and for ourselves. Can someone please tell me the steps in which we need to get this done? Does my husband need to apply for his permanent residence card first (he will be in the UK for 5 years next month). The way I understand it, he can apply for permanent residency next month, and then a year later, apply for British citizenship. Will he becoming British have any effect on me or the baby?

Thank you!

Forum FAQs may give you a heads up:
http://www.immigrationboards.com/britis ... 95747.html

In a nutshell - yes, after 5 years of exercising treaty rights continuously as a qualified person husband will acquire PR automatically.

It is his choice to apply for a PR card or not. A UK PR card merely confirms settled status - it doesn't grant settled status.

One advantage of holding a PR card is it simplifies somewhat the evidence to be submitted to naturalise.
Also, if any doubt over whether PR has been acquired, it is a lower risk (lower outlay) kind of verification;
ie compared to applying for naturalisation directly & uncovering some problem related to settled status.

Note if child was born in UK you can register the child as British as soon as one parent has settled status, if you wish;
ie no need to wait until husband naturalises.

Such a child born in UK is entitled to be registered; (in this case it is not at Home Secretary's decision).
Once registered you can apply for child's British passport.

After 12 months of freedom from immigration time restrictions (ie holding settled status/PR) husband can shoot for naturalisation, assuming all other requirements are met (KOLL, good character, sound mind, absences within limits, physically present in UK 5 years before application, etc).

Note once naturalised as a BC your husband will no longer (under UK law) be considered an EEA national, (even though he will be a dual citizen).

This can impact your status in UK unless you have settled status.
It may be advisable for him to hold off applying for naturalisation until 2017, when you are also eligible.

Assuming you have been in UK since you married you should acquire PR in 2017 as the dependent family member of an EEA national..
With you achieving settled status some time in 2017 your husband can safely apply to naturalise.

Once husband is naturalised you can then apply to naturalise immediately;
(the spouse of a BC has no need to wait 12 months with settled status).

After naturalising you can both apply for British passports (a separate step).

Good luck.

[noajthan]

Note I was evidently typing away on my piece whilst Simon was too

Anyway here's a similar case (except for child) which may help illustrate the type of timings & orchestration involved:
british-citizenship/british-citizenship ... 69195.html

[galatie]

Thank you all, for your very helpful advice. We will take your advice, and not have him apply for PR this year, but in 2016. Can someone please let me know if the timeline below looks correct?

October 2016:
- Husband to apply for PR using form EEA(PR). He will be in UK for 6 continuous years and exercising his treaty rights throughout
- Once husband's PR received, we will register our baby, and then apply for his passport.

October 2017:
- my EEA2 visa expires - I fill out form EEA(PR) and acquire PR.
- In the meanwhile, my husband has had PR for a year. That same month, he will apply to naturalise by completing form AN.
- once he naturalises, I can naturalise independently from him. I do not have to wait a year.
- when we are both naturalised, we can apply for British passports together.

Please let me know if I am missing anything.

Thanks!

[secret.simon]

October 2016:- Husband to apply for PR using form EEA(PR). He will be in UK for 6 continuous years and exercising his treaty rights throughout- Once husband's PR received, we will register our baby, and then apply for his passport.

This part can be done any time after October 2015, after five continuous years of exercising treaty rights.

2017
-On the fifth anniversary of your EEA2 visa (I am not absolutely certain, but it could even be your fifth wedding anniversary that you can apply on) , you can apply for PR. Once you have your PR, your husband applies for citizenship (as he will have been more than one year on PR). Once he is a British citizen (after the naturalisation ceremony), you apply for citizenship.

[noajthan]

Thank you all, for your very helpful advice. We will take your advice, and not have him apply for PR this year, but in 2016. Can someone please let me know if the timeline below looks correct?

...

October 2017:
- my EEA2 visa expires - I fill out form EEA(PR) and acquire PR.
- In the meanwhile, my husband has had PR for a year. That same month, he will apply to naturalise by completing form AN.
- once he naturalises, I can naturalise independently from him. I do not have to wait a year.
- when we are both naturalised, we can apply for British passports together.

Please let me know if I am missing anything.

Thanks!

Note: PR. The important thing is not when RC expires it's when you have the residency to acquire PR.
The application for PR card is just to confirm you have acquired your PR (as of October time).

Passport applications are made individually (not jointly), at your convenience.
(You can use the Post Office Check&Send Service if you wish).

Otherwise your understanding appears 'correct' and the timeline you have outlined makes sense.

Note: There was a transitional arrangement for cases such as yours - it depended on having RC by a certain date in 2012.
If you are happy with the above timelines then there is no real need to concern yourself about that; (it may/may not be applicable in your case anyway)..

[noajthan]

Correction: I got the date for the transitional arrangement for CSI wrong - it dates from 2011 (not 2012)

See https://www.whatdotheyknow.com/request/ ... issued.pdf

[galatie]

Thanks, everyone.

To refresh, I am American, my husband is Belgian, we have been married since May 2012. My husband moved to work in London in October 2015, and has been here for 5 years now. We have a one year old baby who was born in the UK in October 2014. We would like to obtain citizenship for the baby and for ourselves.

Just a few questions to clarify. It was suggested that my husband apply for PR in 2016, and wait to naturalise/obtain citizenship until 2017 (when I become independent from him and can apply for PR) - is there any harm in him applying for PR this year (as he has been 5 years exercising his treaty rights in the UK now). If so, would our baby be listed as a dependent under my husband's application?

When my husband does receive the document certifying his PR, would there be any obstacles to us applying for the baby's British passport?

I had thought that it was free to apply for PR status confirmation, but on the application form, there is a £65 fee for the application? Is this correct?

And for any future children we have, as long as my husband has evidenced that he has PR here, it should be fairly straightforward for them to obtain citizenship as well?

Thank you in advance for all of your help!

[CR001]

When my husband does receive the document certifying his PR, would there be any obstacles to us applying for the baby's British passport?

Only a British Citizen can apply for a passport. If the child was born before your husband attained PR, the child is not British. You will need to register the child on form MN1 as British and once you receive the registration certificate, then apply for a passport.

I had thought that it was free to apply for PR status confirmation, but on the application form, there is a £65 fee for the application? Is this correct?

The fee is correct.

[galatie]

Thank you for clarifying!

And last thing, are there any pros/cons to applying for husband's PR and getting baby's British passport now, as opposed to next year? My husband can apply for PR now, and still naturalize in 2017, correct?

[galatie]

And one last question... although this might sound stupid, I assume that on my husband's application, we don't have to apply for the baby as well?

[boloney]

You can apply for his PR right now. You have been advised not to apply for his British Citizenship next year but only at the time when you get PR status. Baby does't have to apply for nothing. Get your husband PR sorted and than tetister child using MN1