Qualifying period for EU citizen married to BC

[rvkbound]

Hi there,

my situation is a bit unusual, so that's why I decided to start a new topic. (I've really looked everywhere for an answer!)

So, I'm an EU citizen. I've been living in the UK since September 2010 when I came here to study, with a 8-month long break to do my year abroad in another EEA country (this was a compulsory part of my degree, so shouldn't count as "absence" per se and should not reset my PR clock, but please correct me if I'm wrong).

If I understand everything right, I'm eligible to apply for a document certifying permanent residence now, which I'm going to do soon. So let's assume everything goes right (and that year abroad studying didn't ruin my chances) and I get it within a couple of months.

I'm currently single, but my partner is a British citizen and we're getting married in February next year. By that time I should have the PR status.

So, when I apply for Naturalisation, which of the two qualifying periods applies -- 3 or 5 years? The Booklet AN (which I've read like two hundred times, and it doesn't get any clearer!) says, and I quote:

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. (See the section on European Economic Area Nationals and Swiss Nationals for more information).

So, does that mean that, as a person that will have ILR in the form of PR at that time (again, hopefully), I only need to prove my residence for 3 years?

The reason I'm asking is because I'm well within the 3-year period absence limits, but I will have exceeded the 450 days by about 60 days if I have to go down the 5-year period route, as I did my year abroad about 3.5 years ago (which hopefully is allowed under PR terms, but there's no mention of it in the Naturalisation guide, so I'd rather not risk it).

Thank you so much for reading it, and hopefully some of you might know the answer!

[piotrm]

Hi,

I'm in a very similar situation - EEA citizen, will get civil partnership with my partner in-between applying for PR and citizenship. does anyone know the answer to the above question - is it the 3 or 5 year qualifying period that applies to us??

thank you

[noajthan]

Hi there,

my situation is a bit unusual, so that's why I decided to start a new topic. (I've really looked everywhere for an answer!)

So, I'm an EU citizen. I've been living in the UK since September 2010 when I came here to study, with a 8-month long break to do my year abroad in another EEA country (this was a compulsory part of my degree, so shouldn't count as "absence" per se and should not reset my PR clock, but please correct me if I'm wrong).

...

I'm currently single, but my partner is a British citizen and we're getting married in February next year. By that time I should have the PR status.

So, when I apply for Naturalisation, which of the two qualifying periods applies -- 3 or 5 years? The Booklet AN (which I've read like two hundred times, and it doesn't get any clearer!) says, and I quote:

...

So, does that mean that, as a person that will have ILR in the form of PR at that time (again, hopefully), I only need to prove my residence for 3 years?

...

Thank you so much for reading it, and hopefully some of you might know the answer!

Regarding treaty rights & continuity of residence for acquiring PR, the regulations permit a one-off absence for study/vocational training.
Ref: http://www.eearegulations.co.uk/Latest/ByPage/part1_3

Regarding the privilege of citizenship, for someone on the EU route ILR is not PR.
As an EEA national, you will be acquiring PR through exercising treaty rights so the paragraph you quoted does apply to you.

Ie section 2 of booklet:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

In practice it actually means it will always take 5 years (including 5 years of 'residence' in UK) to achieve a settled status in UK, whether by EU route (PR) or under UK Immigration route (ILR).

The only benefit (in immigration terms) of marriage to a BC is there is no need to be free from immigration time restrictions for a further 12 months after acquiring PR.

With the confusing new changes around PR & PR cards that HO have brought in recently this means you will have to time your application for PR card carefully;
ie probably after your marriage if you wish to save that 12 months.

See section 6 of same guidance doc

On absences, there is some degree of discretion that can be applied when your application for naturalisation is assessed, as per section 5 of the booklet.
You will just need to make a good case (eg in a supporting cover letter) together with adequate supporting documentary evidence.
This will cover you if caseworker applies 5 year rule to you when considering your 'absences' from UK (rather than when assessing your 'residency' in UK).
That will be more than good enough if in fact they only look at your 'absences' over 3 years (if married to BC); (the residence element will still require 5 years).

Good luck.

[rvkbound]

Thank you so much for your reply!

Do you think it would harm my case if I applied for PR now, before marrying a BC, and then apply for naturalisation afterwards? I understand I will still have to submit evidence of residency for 5 years instead of 3.

I also have one last question -- if, during my studying abroad I came to the UK for a visit multiple times, does it still count as one absence due to studies?

I suppose this is where I get confused: 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.
Can an EEA citizen get ILR? I thought PR was an equivalent of that for EEA citizens, but it's not as you said.

Thank you!

[noajthan]

Thank you so much for your reply!

Do you think it would harm my case if I applied for PR now, before marrying a BC, and then apply for naturalisation afterwards? I understand I will still have to submit evidence of residency for 5 years instead of 3.

I also have one last question -- if, during my studying abroad I came to the UK for a visit multiple times, does it still count as one absence due to studies?

I suppose this is where I get confused: 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.

Can an EEA citizen get ILR? I thought PR was an equivalent of that for EEA citizens, but it's not as you said.

Thank you!

The difficulty now is the latest changes to regulations, as reflected in the latest AN guidance booklet:

But remember that, unless you are married to or the civil partner of a British citizen, you should
normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the UK for 6 years before you can apply.
You will need to provide evidence of 6 years continuous residence when you apply for your permanent residence card

Judging by recent forum posts it is a controversial change. If not married to a BC this is saying 6 years of evidence is now required (not 5)

If this is the case (if not challenged and changed any time soon) you will have to plan your PR card application carefully &, possibly, plan bearing in mind your wedding plans.
Or else wait until you have a 6 year period in UK under your belt.

Regarding absences & continuity of treaty rights, the HO guidance is unclear, so it's a little unclear how multiple trips within a prolonged period of absence may be treated.

Here is a FOI request that attempted to obtain HO guidance or documents about this type of question:
https://www.whatdotheyknow.com/request/ ... ent_evalua
- it seems unambiguous HO guidance is not available

In your case it's probably going to depend how you present your case and your evidence for the period you studied abroad.
If any problems with establishing your PR at least it's only the PR fee at risk, (not the naturalisation application & fee).

To answer your other question, EEA nationals do not (usually) get ILR they get PR. They are different statuses.
Hope it makes sense.

[LilyLalilu]

I think that's a typo in the guide; as far as I am aware the PR requirements haven't changed and you still only need to prove 5 years of residence to obtain confirmation of PR.

[Casa]

I think that's a typo in the guide; as far as I am aware the PR requirements haven't changed and you still only need to prove 5 years of residence to obtain confirmation of PR.

I believe it's a typo and Obie concurs.

[rvkbound]

Thank you so much for your reply all, I do hope it's a typo rather than a sudden (and confusing) change of policy.

I'll apply for PR as soon as I can gather my evidence, so I guess I'll find out when the application gets accepted/rejected!

[noajthan]

From latest AN form ...

2.2
Please give details of all absences from the United Kingdom during the last five years. If you
are married or in a civil partnership to a British citizen, give details for the last three years only

So for Q2.2, 3 years details of absence is asked for, (if married to BC).

But you will still need to answer the residency question (1.17) with 5 years of information &, previously, to have proved exercise of treaty rights for 5 years to obtain your 'confirmation of PR' card.

So for naturalisation, the 3-year period (due to marriage to BC) is kind of wrapped up inside a 5-year time period (for EEA nationals), if you see what I mean.