EEA family member holds a PR and want to apply for a British citizenship

[Usmankhawaja]

Hey, I got PR in OCT 2017 and I want to apply for a British citizenship. I heard from someone that I can apply for BRITISH CITIZENSSHIP after completing my SIX of marriage base ? Is it true ? Or do I have to compete one year of PR and then apply for a citizenship?

[btkakisim]

I am in the same situation and so confused.

I've been living in the UK since October 2011.
Till September 2012 I stayed here with a student visa.
We got married with my husband before my visa expired and I got my residence documentation on April 2013. UK border agency prepared my residency document in 7 months 10 days.
I applied for my PR just now and I am able to prove that I have been in this country more than 6 years. However I thought that my stay with student visa won't count so I didn't choose the option of "apply citizenship immediately after PR".
Now I am worried becuse next year in March everything is going to change due to Brexit and I wouldn't still be able to apply because of the 12 month rule.

If it is ok for us to apply after marriage day I will be able to apply in September and it would be great.

If someone has information regarding this issue, please share with us.

[CR001]

Unless you are married to a British citizen, you are required to hold PR status for 12 months before you qualify to apply for citizenship. The date you 'attained PR' should be stated in the letter you got from HO and this would be an earlier date to that stated on your PR residence Card. The 12 months starts from the date in the letter.

There is no 'special provision' for a spouse of an EU citizen (non British).

[Usmankhawaja]

But someone told me if you married to eu national and you completed your 6 years of marriage then you apply for a British citizenship. But I already have a PR which I received six months ago. So do I have to wait another six to apply British citizenship or should I apply for the basis of completing six of marrige as my wife is a full time employee of past six years

[CR001]

But someone told me if you married to eu national and you completed your 6 years of marriage then you apply for a British citizenship. But I already have a PR which I received six months ago. So do I have to wait another six to apply British citizenship or should I apply for the basis of completing six of marrige as my wife is a full time employee of past six years

'Someone' is telling porky pies. British citizenship laws make no specific distinction or special requirements for spouse of EU citizens. It only makes a distinction of a British spouse.

You need 5 years residence for Citizenship and one whole year must be on PR status, there are no other exceptions to this except if you are married to a British citizen.

[btkakisim]

Hi there, thank you for the answer. Do you have any information regarding what will be the citizenship criteria after Brexit? I am so concerned that they won't be giving us citizenships anymore. Just settlement. If I get my PR in next 3 months I will be able to apply June 2019 in best case scenerio and it will be too late by then.

I have been living in the UK 6,5 years now and I am able to prove it. I just wasn't sure that my stay with a student visa and the duration between my residence documentation application and receiving it are acceptable for the application.

[CR001]

Hi there, thank you for the answer. Do you have any information regarding what will be the citizenship criteria after Brexit? I am so concerned that they won't be giving us citizenships anymore. Just settlement. If I get my PR in next 3 months I will be able to apply June 2019 in best case scenerio and it will be too late by then.

I have been living in the UK 6,5 years now and I am able to prove it. I just wasn't sure that my stay with a student visa and the duration between my residence documentation application and receiving it are acceptable for the application.

Brexit DOES NOT affect citizenship applications.

All visas/legal stay count towards citizenship.

[btkakisim]

So I was able to apply to citizenship with my application, but since I haven't done it now I have to wait 12 months after I receive it Stupid me

But It is good to hear that citizenship applications won't be affected.

[CR001]

So I was able to apply to citizenship with my application, but since I haven't done it now I have to wait 12 months after I receive it Stupid me

What exactly do you mean by this??

It has nothing to do with how long you have been in the UK. It has everything to do with holding PR status for the full 12 months.

Don't confuse the rules around PR with citizenship laws, they are completely separate.

[btkakisim]

Guidence notes say that,

"If you wish to apply for British citizenship immediately after obtaining your permanent residence
document, and you are [b]not[/b] the spouse or civil partner of a British citizen, you should make sure that
you provide evidence covering a continuous period of residence of at least 6 years.
It may be easiest for you to provide evidence for your most recent 6 years, through you may find it
beneficial to submit evidence to cover earlier dates that you exercised a Treaty right continuously for 5
years. Providing it at this stage will ensure your most relevant information is used and may allow you to
apply for citizenship sooner. "

I was able to apply with my PR application with the proof of 6 years but I haven't. This is what I meant.

[Richard W]

I was able to apply with my PR application with the proof of 6 years but I haven't. This is what I meant.

6 years is for the usual case, where you were on a route to settled status from the beginning and no time is lost because of delays in grants of relevant permission. You started on this route when you married, so you won't qualify to apply for citizenship until September 2018. On your route, the EEA route for a direct family member, there has been no need for grants of permission since you married.

[btkakisim]

I was able to apply with my PR application with the proof of 6 years but I haven't. This is what I meant.

6 years is for the usual case, where you were on a route to settled status from the beginning and no time is lost because of delays in grants of relevant permission. You started on this route when you married, so you won't qualify to apply for citizenship until September 2018. On your route, the EEA route for a direct family member, there has been no need for grants of permission since you married.

Thank you for your answer. So I was right to think that my student visa won't count as residency. In this case we are back again to question number 1.

I will be qualify for citizenship on September 2018 however because of the PR rule I have to wait 12 months, and can't apply on September? Is that correct?

[A2ROR]

Unless you are married to a British citizen, you are required to hold PR status for 12 months before you qualify to apply for citizenship. The date you 'attained PR' should be stated in the letter you got from HO and this would be an earlier date to that stated on your PR residence Card. The 12 months starts from the date in the letter.

There is no 'special provision' for a spouse of an EU citizen (non British).

Hi Mates,

I got some same kind of situation . I married EU spouse 2009 and applied visa and UKVI rejected as she was not excercising treaty rights. Then I didn’t applied visa till 2013 never needed. Then in 2013 I had to travel abroad then applied visa and got 5 years EEA family permit which just expired in Feb 2018. Before expiring my EEA spouse divorced me and I got my decree absolute in October 2017 and I applied for ROR - PR status. I been on EU status altogether is 8 years Approx.

My question is when will I be eligible to apply for naturalisation?

[CR001]

Hi Mates,

I got some same kind of situation . I married EU spouse 2009 and applied visa and UKVI rejected as she was not excercising treaty rights. Then I didn’t applied visa till 2013 never needed. Then in 2013 I had to travel abroad then applied visa and got 5 years EEA family permit which just expired in Feb 2018. Before expiring my EEA spouse divorced me and I got my decree absolute in October 2017 and I applied for ROR - PR status. I been on EU status altogether is 8 years Approx.

My question is when will I be eligible to apply for naturalisation?

Once you have held PR status for 12 months.

[A2ROR]

Hi Mates,

I got some same kind of situation . I married EU spouse 2009 and applied visa and UKVI rejected as she was not excercising treaty rights. Then I didn’t applied visa till 2013 never needed. Then in 2013 I had to travel abroad then applied visa and got 5 years EEA family permit which just expired in Feb 2018. Before expiring my EEA spouse divorced me and I got my decree absolute in October 2017 and I applied for ROR - PR status. I been on EU status altogether is 8 years Approx.

My question is when will I be eligible to apply for naturalisation?

Once you have held PR status for 12 months.

Hi mate,

Thanks for your reply. But got one more question if I send 6 years of EU sponsor’s excersing treat rights record,will that be acceptable ?
And PR time strats from visa stamp date or after completing 5 years marriage or if divorced will start from divorce date ?

[at12]

Hi there, thank you for the answer. Do you have any information regarding what will be the citizenship criteria after Brexit? I am so concerned that they won't be giving us citizenships anymore. Just settlement. If I get my PR in next 3 months I will be able to apply June 2019 in best case scenerio and it will be too late by then.

I have been living in the UK 6,5 years now and I am able to prove it. I just wasn't sure that my stay with a student visa and the duration between my residence documentation application and receiving it are acceptable for the application.

Why do you say June/2019 would be too late? Nothing changes during the transition period and even beyond that, the current guidance suggests citizenship applications won't be affected:

Agreement on rights for EU citizens and their families

The agreement we have reached for EU citizens and their families is:

People who, by 31 December 2020, have been continuously and lawfully living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means they will be free to live here, have access to public funds and services and go on to apply for British citizenship.

Source: https://www.gov.uk/guidance/status-of-e ... plications

[CR001]

Hi Mates,

I got some same kind of situation . I married EU spouse 2009 and applied visa and UKVI rejected as she was not excercising treaty rights. Then I didn’t applied visa till 2013 never needed. Then in 2013 I had to travel abroad then applied visa and got 5 years EEA family permit which just expired in Feb 2018. Before expiring my EEA spouse divorced me and I got my decree absolute in October 2017 and I applied for ROR - PR status. I been on EU status altogether is 8 years Approx.

My question is when will I be eligible to apply for naturalisation?

Once you have held PR status for 12 months.

Hi mate,

Thanks for your reply. But got one more question if I send 6 years of EU sponsor’s excersing treat rights record,will that be acceptable ?
And PR time strats from visa stamp date or after completing 5 years marriage or if divorced will start from divorce date ?

British citizenship is independent from EU rules and each applicant must qualify for it themselves.

You need to have help PR status for a full 12 months. The date of PR will be stated in the letter you got with your DCPR card.