EEA PR 5 ys requirement vs naturalisation as UK spouse 3 ys

[Poldino123]

I hope someone can shed some light on what seems to me a discrepancy and I can't figure out.
Eu national been in the UK for 8 years, married to a UK citizen for 5. Post brexit decide to naturalise. Requirement for Naturalisation if married to uk citizen is 3 years but I understand that since November 2015, all eu citizen need to first apply for PR, for which the requirement is 5 years.
How does this work? Are they saying that because im eu it doesn't matter that I am married to uk citizen and the requirement is still 5 years and not 3?
I have been here plenty years in any case but trying to figure out the most straight forward way to apply. Already took English+life in the uk tests
Thanks

[noajthan]

How does this work? Are they saying that because im eu it doesn't matter that I am married to uk citizen and the requirement is still 5 years and not 3?

Yes; see the AN guidance booklet.

Ref https://www.gov.uk/government/uploads/s ... e_2016.pdf
- section 2; page 6

[Poldino123]

How does this work? Are they saying that because im eu it doesn't matter that I am married to uk citizen and the requirement is still 5 years and not 3?

Yes; see the AN guidance booklet.

Ref https://www.gov.uk/government/uploads/s ... e_2016.pdf
- section 2; page 6

Thanks, that clarifies it, but does it mean that it's a disadvantage being eu in this case?or am I wrong?
Also when applying for naturalisation as a spouse, after I get my PR, in the naturalisation application do I have to provide back up docs and info for 5 years or just 3?

[secret.simon]

Thanks, that clarifies it, but does it mean that it's a disadvantage being eu in this case?or am I wrong?

You are wrong.

To apply for UK citizenship, you need to be free of immigration control, which effectively means either ILR under the UK Immigration Rules or PR under the EEA Regulations.

Both ILR under the UK Immigration Rules and PR under the EEA Regulations now take 5 years. So, no anti-EU discrimination.

In fact you're getting it on the cheap. You pay only £65 for PR, while ILR fees are in the thousands of pounds sterling.

The requirement of PR taking five years is EU law and not UK law.

[noajthan]

Thanks, that clarifies it, but does it mean that it's a disadvantage being eu in this case?or am I wrong?
Also when applying for naturalisation as a spouse, after I get my PR, in the naturalisation application do I have to provide back up docs and info for 5 years or just 3?

No, not at all.
PR status confirmed for £65. Bargain!

Just try bringing in a non-EEA family on the UK domestic route.
In comparison, EU migration is a walk in the park (no English test, no LITUK, no financial requirements etc etc) so you cannot feel hard done by at all.

It now takes at least 5 years to achieve the holy grail of settled status whichever trajectory you follow (ILR/PR).
No discrimination either way - that's the point.

If you apply under section 6(2) of BNA as a spouse (of BC) then supply evidence of 3 years residence in UK. Plus proof of physically being in UK 3 years from date of application.
Up to 10 years employment history though.
In other words just follow the guidance - its clear and comprehensive.

[Poldino123]

Thanks, that clarifies it, but does it mean that it's a disadvantage being eu in this case?or am I wrong?
Also when applying for naturalisation as a spouse, after I get my PR, in the naturalisation application do I have to provide back up docs and info for 5 years or just 3?

No, not at all.
PR status confirmed for £65. Bargain!

Just try bringing in a non-EEA family on the UK domestic route.
In comparison, EU migration is a walk in the park (no English test, no LITUK, no financial requirements etc etc) so you cannot feel hard done by at all.

It now takes at least 5 years to achieve the holy grail of settled status whichever trajectory you follow (ILR/PR).
No discrimination either way - that's the point.

If you apply under section 6(2) of BNA as a spouse (of BC) then supply evidence of 3 years residence in UK. Plus proof of physically being in UK 3 years from date of application.
Up to 10 years employment history though.
In other words just follow the guidance - its clear and comprehensive.

What do you mean 10 years employment? What if I am "young" and only been working for 5-6 years?

[Poldino123]

Thanks, that clarifies it, but does it mean that it's a disadvantage being eu in this case?or am I wrong?
Also when applying for naturalisation as a spouse, after I get my PR, in the naturalisation application do I have to provide back up docs and info for 5 years or just 3?

No, not at all.
PR status confirmed for £65. Bargain!

Just try bringing in a non-EEA family on the UK domestic route.
In comparison, EU migration is a walk in the park (no English test, no LITUK, no financial requirements etc etc) so you cannot feel hard done by at all.

It now takes at least 5 years to achieve the holy grail of settled status whichever trajectory you follow (ILR/PR).
No discrimination either way - that's the point.

If you apply under section 6(2) of BNA as a spouse (of BC) then supply evidence of 3 years residence in UK. Plus proof of physically being in UK 3 years from date of application.
Up to 10 years employment history though.
In other words just follow the guidance - its clear and comprehensive.

What do you mean 10 years employment? What if I am "young" and only been working for 5-6 years?

[noajthan]

What do you mean 10 years employment? What if I am "young" and only been working for 5-6 years?

Don't panic.
Read the form and guidance - 'up to 10 years'.

[Poldino123]

What do you mean 10 years employment? What if I am "young" and only been working for 5-6 years?

Don't panic.
Read the form and guidance - 'up to 10 years'.

Thanks, you have been very helpful and will surely read up, got time now as I'm waiting for my PR!if only I had applied before Nov 15! Damn brexit I never thought I would need this!!
Thanks again

[Poldino123]

One last thing, am I correct thinking that once I receive PR I can apply for citisenship straight away as a spouse of BC, instead of waiting the extra year (5+1 eea route)

[noajthan]

One last thing, am I correct thinking that once I receive PR I can apply for citisenship straight away as a spouse of BC, instead of waiting the extra year (5+1 eea route)

Yes, under s 6(2) of BNA if you meet the requirements - have you checked them?

And as you say you've been here "plenty years" its likely you acquired the holy grail of PR status years ago;
so even if not blessed with a BC spouse you would have already served your 12 months free of immigration time restrictions for a 6(1) application.

[Poldino123]

Thank you and yes I have been here since 2008 and also I have read the guide, I guess I'm just feeling a bit panicked and worried I might not be understanding the rules, it's nice to be able to ask and get confirmation so thanks a lot !