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Interesting question.Daseca wrote:Hi
I'm a Hungarian citizen by way of my grandfather, and therefore my father being Hungarian. My understanding is that under Hungary's jus sanguinis nationality law, this was passed on to me through birth and is definitely not a case of naturalisation or 'granting' of citizenship. So I've always been a citizen, just without the certificate to evidence it.
I moved to the UK in 2013 but due to the time it was going to take for Hungary to process my 'verification of Hungarian citizenship' application, I entered initially with my New Zealand passport and a Tier 5 YMV visa, and more recently obtained FLR(M) through my unmarried partner.
Hungary finally issued my citizenship certificate in October 2015 and I'm looking at PR/British citizenship options given the uncertainty surrounding Brexit.
In my mind, having inherited Hungarian citizenship under jus sanguinis from birth, I began exercising treaty rights in 2013. However, I'm mindful it would be plain to see in Home Office records that I spent 2013/2014/most of 2015 holding leave to remain as a NZ citizen too.
Has anyone got any thoughts if they're likely to argue that the 5 year period begins from 2015, not 2013?
I'm hoping that the argument that my citizenship is by birth and not naturalisation, and that holding Tier 5/FLR(M) was simply an administrative necessity due to the fact it took Hungary ~18 months to 'verify' my citizenship is fairly strong.
Cheers
You obviously won't have a 5 year old Hungarian passport; do you have a Hungarian ID card?All applicants claiming to be a qualified person must provide evidence of their nationality by providing either:The passport or ID card must show the applicant has been an EEA national for the whole of the
- a valid passport from an EEA state;
a national identity (ID) card from an EEA state;
5 continuous years.
They must also provide evidence to show they have been resident in the UK for the same 5 continuous years.
The combination of birth certificate plus extracts of Hungarian law &/or some letter from your embassy or appropriate government ministry may help.Daseca wrote:I know this is a bit cheeky but I thought I'd bump this back up just in case anyone didn't see this the first time round and has any thoughts.
For the 'extended right of residence', it is enough to be exercising treaty rights. You do not have to hold an EEA passport or ID card; by the letter of the law, it is enough to hold EEA nationality. The question is, rather, whether you are likely to have to establish your rights in court.Daseca wrote:Unfortunately the ID card doesn't have any pre-2015 dates on it. Yes I can definitely provide copies of mine and my father's NZ birth certificates (he never actually went through t'he process of registering his own Hungarian citizenship).