- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Q1 Yes as you are married to a BC there is no need to hold your settled status for 12 months before applying to naturalise;SAORI1318 wrote:Hello every one
I am a non eea married abroad in february 2010 with my irish husband. He is a dual national because he was born in north of Ireland and could hold both passports. At that moment he decided to start all the process under the european law so i was granted family permit and i started living in the uk since april 2010. He was living here before for more than 20 years with a permanent job. As soon as i arrived here we started the process for the RC and got it by the 6 of october 2010 expiration day 6 october 2015.
We were told that the five years periud were completed the the 2 of abril 2015 ( because i enter to this country the 2of april 2010) but due i was out of the country in april and may this year i applied for the permanent resident card the 5 july 2015. The biometrics were taken, the fee was taken, but i still do not received the COA. As far as we know this process will take 6 months minimum but that is not 100% sure.
The thing is that if i continue under the european regulation i will have to wait until 2 of april 2016 to apply for naturalization, so the questions are?
CAN I APPLY FOR NATURALIZATION NOW USING MY HUSBAND BRITISH NATIONALITY OR THEY CAN REFUSED ON ANY GROUNDS?
DUE THAT I HAVE ALREADY STARTED THE PROCESS FOR THE PERMANENT RESIDENCE CARD THAT COULD CAUSE ANY INTERFERENCE IN THE NATURALIZATION PROCESS? WOULD THEY REFUSE IT AND SAY : WAIT UNTIL I FINISH AND THEN APPLY FOR BC?
I ask all this in order to save time, as explained before i still do not received the COA for my application for the permanent residence card so that is worryng us, there is a possibility that this process takes long as in other cases. And as we read in previous post the PR IS GAINED AUTOMATICALLY, but its better to do it in order to avoid problems when you are travelling and also as a prof you are living here legally, but even if you do not apply for it you still have to wait one year to apply for BC, so based on this are the questions i asking.
thanks in advance for your answer.
What I said (or meant) is:SAORI1318 wrote:thank you very much for your reply,
So according of what you are saying , even i started all the process under the european law and now i want to get naturalisation under the british law the home office wont refused my application saying thta i must finish under the european law?
BY the other hand all the documents like letter of the employer of my husband , and his and mine page slips, p60, p45, bank staments, and all the evidence that we have to probe that we are exercising our rights here and also that we are living together are at the home office at the moment ( were sent in july with the ee4 application) , so Do i have to request the originals back in order to send all these again with the naturalisation application?
thanks in advance for your answer
My understanding is a RC is not a visa.SAORI1318 wrote:thanks for your reply again
I have read in another website that may the reason why my COA is not arriving on time is because my application is being delayed due that i applied for the PR before the 5 years. I previously explained you that i got a family permit in march 2010 while i was abroad which starting day the first day of april 2010.
I arrived to the UK the 2- 04- 2015 to live wiht my husband who was living here for more that 20 years and working continuously. The same month in order to save time we sent the application for EEA2 which was granted the 6-10-2010 until 6-10-2015.
As far as we understand after read in all in the websites and ask for advice that the five years were completed the 2-04-2015 not the 6-10-2015. I applied the 3 of july only because i was abroad april and may and i took all june for joining all the documents to send to the home office.
-So would i have waited until after the 6-10-15 to apply? When is exactly the 5 years of exercising treaty rights?
I also was reading that (in case i decided to apply for naturalisation under the european law) the year holding permanent residence would start being counted since the day that is issue the biometric card, so if they issue the biometric the 15-12-2015 I will be able to apply for naturalisation the 15-12-16. if this correct? because i was assuming that the 6 year would be the 2-04-2016 or in the worst of the cases the 6-10-2016.
The Gov UK website is quite clear: a family member doesn't need a RC.You may be able to apply for a residence card if you’re from outside the European Economic Area (EEA) and you’re the family member, or extended family member, of an EEA national.
You don’t need to apply for a residence card as a family member but it can:
- help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services
You can get an idea of timelines for COA & PR card here:SAORI1318 wrote:thanks for your reply again
I have read in another website that may the reason why my COA is not arriving on time...
...
... so if they issue the biometric the 15-12-2015 I will be able to apply for naturalisation the 15-12-16. if this correct? because i was assuming that the 6 year would be the 2-04-2016 or in the worst of the cases the 6-10-2016.
Sound and sage advice.secret.simon wrote:A lot of the dual Irish/British citizens on these forums had explicitly renounced their British citizenship in order to exercise their treaty rights, which, by definition, cannot be exercised against the country of which your are a citizen. You exercise rights in those countries as a citizen, not treaty rights.
I think that the delays about the PR card are being caused by the fact that as your husband is a dual Irish/British citizen (whether or not he holds both passports), it is not entirely certain as to whether he could exercise treaty rights in the UK between 2010 and 2015 (after 2015, it is explicitly excluded by the McCarthy ruling). The Master Nationality Rule (which is more an FCO matter than a Home Office matter) would mean that as a citizen of the UK, while he is within the UK, he is treated as solely British. There has been some chat on these forums about the unique status of NI residents and the Good Friday Agreement allowing residents to hold either or both citizenships without regards to the law, but it is not entirely certain as to how the Home Office sees the matter.
The above is an explanation for the delay.
...
Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.shafiqs2007 wrote:Please Please Please help me:
I need some help with my application and shall be grateful if somebody help me with.
I am a Non EEA who received his PR on 19 January 2015. My wife is Dutch but she only has got certificate of registration which was issued on July 2009 which has no ending date. Both of us have been in employment since 2009 but also claimed housing and council tax benefits. My questions are:
1- Can I apply for British nationality on the basis that I have my PR card for one year regardless of that my wife doesn't have?
2- Do I have to send my 1 year p60 or last six years?
3 Do I have to send my wife P60s and passport or is not required?
4. Does claiming benefit will have any impact on the outcome of my application because my name was added in the benefit from 2011?
5- What documents I submit with my application please?
I shall appreciate if somebody send me an email to xxxxxxxxxxxxxxxxx and thank you so much for you guys who sincerely devote their time to help others. God bless!