Spouse is British Citizen and I am EEA

[apocalypse]

-I want to apply for British Citizenship through "marriage to a British citizen" (we have been married for 11 years).
-I am an EEA citizen (Greek).

Going the marriage route I need to have as stated on gov site: "lived in the UK for at least the 3 years before your application is received".

I am getting conflicting advice. Do I still need to prove 5 years as an EEA citizen or 3 years of proof is enough through the "marriage to a British Citizen" channel?

I phoned the helpline on the gov site and they told me 3 years should be sufficient for the Marriage route, but i was also reading the I will still have to prove 5 years as a state member. I am confused.

Anyone has any experience on this?
Thanks

[CR001]

As an EEA citizen, you have to have 5 years residence of exercising treaty rights and being a qualified person (working, self sufficient, student the latter 2 requiring CSI). You also have to have permanent residence (PR) before you can apply for citizenship.

There is no shorter route unfortunately, however, you will not have to wait 12 months from when you attain PR before you can apply.

[noajthan]

...

I am getting conflicting advice. Do I still need to prove 5 years as an EEA citizen or 3 years of proof is enough through the "marriage to a British Citizen" channel?

I phoned the helpline on the gov site and they told me 3 years should be sufficient for the Marriage route, but i was also reading the I will still have to prove 5 years as a state member. I am confused.

Anyone has any experience on this?
Thanks

There are 2 necessary elements at play here, which are: achieving settlement in UK & having residency in UK.

HO guidance should clarify this for you:
https://www.gov.uk/government/uploads/s ... n_2015.pdf
- see section 2 (page 6)

If you are an EEA national (& do not have ILR) you will need to have been resident in UK for 5 years even if married to a BC

You also have to have acquired PR (settled status) under EU rules.

The one benefit of having a BC spouse (in immigration terms at least) is in relation to immigration time restrictions; no need to have PR for 12 months before applying for the privilege of citizenship when married to a BC;
(ie as per section 4 of above HO booklet)

Best of luck.

[apocalypse]

Many thanks for your helpful replies CR001 and noajthan. You are more knowledgeable than the guy I spoke to on the gov. immigration help desk!

I think have to wait another year to apply for PR as I have gaps in my employment history.

Two more questions:

1. In the mean time, Is it worth applying for a registration certificate as a qualified person EEA(QP)? Will that help when I have to apply for PR?

2. I have been living in the UK for 20 years and I have a "Residence Permit for a National of the EEC" issued to me in 2001 but with an expiry date (2006). Is it worth trying to renew? Can I renew it? Do I need to? More importantly can this prove ILR/PR??

Many thanks in advance

[noajthan]

Many thanks for your helpful replies CR001 and noajthan. You are more knowledgeable than the guy I spoke to on the gov. immigration help desk!

I think have to wait another year to apply for PR as I have gaps in my employment history.

Two more questions:

1. In the mean time, Is it worth applying for a registration certificate as a qualified person EEA(QP)? Will that help when I have to apply for PR?

2. I have been living in the UK for 20 years and I have a "Residence Permit for a National of the EEC" issued to me in 2001 but with an expiry date (2006). Is it worth trying to renew? Can I renew it? Do I need to? More importantly can this prove ILR/PR??

Many thanks in advance

Note: You do not need 5 straight years of working, as an EEA national you can mix & match between categories of qualified person (qp).

As you have been in UK for 20 years then you only need to find a period of 5 years within that where you were exercising treaty rights continuously; if you can do that then you will have acquired PR automatically.
(Once acquired, PR can only be lost by an absence of 2 years from UK).

If you have acquired PR you can apply to naturalise as soon as all other requirements for citizenship have been/can be met; (KOLL, absences within limits, sound mind, good character, referees, physically present 'x' years before application & etc).

1) A RC may not help so much now as you have survived without one for so long.

2) It appears you had a RP for 2001-2006; if you exercised treaty rights continuously as a qp up to 2006 maybe you could have acquired PR sometime in 2006.

[apocalypse]

2) It appears you had a RP for 2001-2006; if you exercised treaty rights continuously as a qp up to 2006 maybe you could have acquired PR sometime in 2006.[/quote]

Any idea on how do I find out if I acquired PR?

Thanks for your help

[noajthan]

Any idea on how do I find out if I acquired PR?

Thanks for your help

It depends what you were doing in UK over that period.

Were you a qualified person exercising treaty rights continuously (and with any absence from UK within limits so as not to break residency)?

Where qp includes:

• worker
  jobseeker
  self-employed
  student
  self-sufficient

Whilst your PR clock is still running absences of up to 6 months in a year are permissible.

If so you may have acquired PR automatically at that time.
If you've not been away from UK for 2 years since then you would still have PR.
Also, if you do have PR there is no further need to exercise treaty rights afterwards (unless ofcourse you wish to)
Bingo.

[apocalypse]

It depends what you were doing in UK over that period.

I was in full time employment in that period. Do your u know if there is anywhere I can get advice?
I phoned the helpline on the gov site and got conflicting advice, one adviser said I will still need to prove. 5 years, and another that this RP should cover me. But with £1K a pop for the application I don't want to risk it!

Thanks

[CR001]

Apply for confirmation of PR, it costs under £100 (I think).

[noajthan]

It depends what you were doing in UK over that period.

I was in full time employment in that period. Do your u know if there is anywhere I can get advice?
I phoned the helpline on the gov site and got conflicting advice, one adviser said I will still need to prove. 5 years, and another that this RP should cover me. But with £1K a pop for the application I don't want to risk it!

Thanks

You could try forums such as this for advice, many people do.

You could also adopt a low risk strategy & apply for confirmation of PR before going for the holy grail of citizenship.
You will have less skin in the game shooting for a PR card first, at just £65.

Any problems can be identified , dealt with before applying for naturalisation.

Having a PR card can help simplify some of the evidence required for naturalisation too.
And if any problem there's a right of appeal with PR; whereas no appeal for citizenship.

[apocalypse]

Apply for confirmation of PR, it costs under £100 (I think).

Hi again, where do I apply for " confirmation of PR" as suggested? Is this the same as applying for PR?

Thanks

[CR001]

Apply for confirmation of PR, it costs under £100 (I think).

Hi again, where do I apply for " confirmation of PR" as suggested? Is this the same as applying for PR?

Thanks

See link below

https://www.gov.uk/government/publicati ... orm-eea-pr