Naturalisation for Spouse of Dual EEA & British Citizens

[Pasha]

My spouse is both an Irish and British Citizen. We were both granted our EEA residence cards in March 2008 by the Home Office. My EEA2 residence card expires in March 2013.

As my spouse is a British Citizen, am I correct in thinking that I can apply for naturalisation as a British Citizen in March 2013?

Bypassing PR and going straight ahead for naturalisation - from experience are there any issues/ complications with this route I should be considering?

Thanks

[JAJ]

Under current law, yes, but there will be new rules in force by then.

[Ben]

Did I read somewhere that it's not possible to switch from EU to UK route, in-country?

[Pasha]

JAJ, would you provide a link where I can read abit more about the proposed changes in law relevant to spouses of EEA nationals. Thanks

[Obie]

My spouse is both an Irish and British Citizen. We were both granted our EEA residence cards in March 2008 by the Home Office. My EEA2 residence card expires in March 2013.

As my spouse is a British Citizen, am I correct in thinking that I can apply for naturalisation as a British Citizen in March 2013?

Bypassing PR and going straight ahead for naturalisation - from experience are there any issues/ complications with this route I should be considering?

Thanks

You will have to leave the UK, and go to you country of origin, or where you have lawful resident. Apply for a spousal visa, after two years on spousal visa, take and pass your life in the UK test, then apply using Set (M) form for ILR. After one year on ILR, apply for citizenship.

This will cost you approximately 3-5K in total, and about 3 years from today you might have a British passport. Provided the proposed legislation due in 2010 (Earned Citizenship) doesn't affect you.

[Pasha]

Thanks for your reply but this relates to spouse applications made under UK Law. I am on the EU route and would be applying for naturalisation based on this route.

Currently I hold a 5 year Residence card (EEA2) as the spouse of an EEA National (based on my spouses Irish citizenship). Normally on expiry of the EEA2 Residence card, non-EEA family members applies for Permanent Residence, wait for one year, then apply for naturalisation.

However, as my spouse is also British, under current law, my application can be put in for naturalisation after 5 years of lawful residence as opposed to 6 years (based on my spouses British citizenship).

[Ben]

I see, so you're not switching routes as such, since your capacity to lawfully reside shall remain as the family member of an EEA national. However..

However, as my spouse is also British, under current law, my application can be put in for naturalisation after 5 years of lawful residence as opposed to 6 years (based on my spouses British citizenship).

This, I did not know. Thanks!

[Obie]

In order to avail yourself of British Citizenship, by virtue of marrying to a British Spouse, you have to have a leave based on national law, as opposed to European Law.

So long as your residency in the UK is based on EU law, you cannot qualify after 5 years, it will have to be six years. A year after you have obtained permanent resident. Except if you choose to use the national law route.

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

[Pasha]

PR under EU law is automatically assumed upon 5 years of lawful residence and judging from current processing times, it seems quicker to naturalise straight away. I am hoping (but not holding my breath) that any future changes in the law relating to naturalisation, qualifying periods etc is not applied in retrospect to applicants such as myself.

[Wanderer]

In order to avail yourself of British Citizenship, by virtue of marrying to a British Spouse, you have to have a leave based on national law, as opposed to European Law.

So long as your residency in the UK is based on EU law, you cannot qualify after 5 years, it will have to be six years. A year after you have obtained permanent resident. Except if you choose to use the national law route.

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

I think u can after five years, if the EEA member has British Citizenship as well as there own.

[Obie]

I think u can after five years, if the EEA member has British Citizenship as well as there own.

You certainly can after five years. In the sixth year.

To qualify, you should not have any immigration restriction on your stay for at least a year= ILR or PR after a year.

If the law is otherwise, i will appreciate if you can forward the link. That will be quite interesting.

[JAJ]

In order to avail yourself of British Citizenship, by virtue of marrying to a British Spouse, you have to have a leave based on national law, as opposed to European Law.

Absolutely untrue.

The British Nationality Act is quite clear on this. As soon as you have permanent resident status you can be naturalised as a spouse if you have 3 years legal residence - it does not matter how you obtained permanent residence.

However, this may change under the new naturalisation rules from 2010 or so.

[ciaramc]

Jaj - really I had thought if you entered under EU Law rather than UK National Law you could not change in-country....ie you entered under EUlaw you apply for naturalization as the spouse of an EU national not a british national?? So that's incorrect?

[Obie]

Jaj - really I had thought if you entered under EU Law rather than UK National Law you could not change in-country....ie you entered under EUlaw you apply for naturalization as the spouse of an EU national not a british national?? So that's incorrect?

Ciaramc that is perfectly right.

EU national can apply in the fifth year of stay for British Citizenship. However if they married to a British national, they will need to apply for a spousal visa in order to qualify after 3 years of stay in the UK(national Law). Surinder Singh applicant would have to wait after 5 years.

Jaj was pointing on the fact that i did not state, that in order to obtain British Citizenship by virtue of marrying to a British Spouse after 3 years of lawful stay in the UK including one year on ILR, you have to avail of national Law, rather than EU law, under which you will qualify the following year upon receipt of PRC ( After 5 Years).

[JAJ]

Jaj was pointing on the fact that i did not state, that in order to obtain British Citizenship by virtue of marrying to a British Spouse after 3 years of lawful stay in the UK including one year on ILR, you have to avail of national Law, rather than EU law, under which you will qualify the following year upon receipt of PRC ( After 5 Years).

No minimum time period with ILR/PR required for spouses of British citizens.

[Obie]

Jaj was pointing on the fact that i did not state, that in order to obtain British Citizenship by virtue of marrying to a British Spouse after 3 years of lawful stay in the UK including one year on ILR, you have to avail of national Law, rather than EU law, under which you will qualify the following year upon receipt of PRC ( After 5 Years).

No minimum time period with ILR/PR required for spouses of British citizens.

Jaj please correct me if i am wrong

If the non-British spouse of a British national is staying in the UK with the British National in the capacity of Student, for 3 years he/ she will not qualify would she?

If the same obtain ILR by virtue of having been a recipient of a spousal visa for 2 years, apply for citizenship, she will not qualify would she? He/she would have to wait until 1 year after qualifying for ILR.

Even though the law doesn't explicitly say that they have to wait for 12 months, as it does for other categories. You would have to meet that requirement in order to qualify.

Surinder Signh applicant would have to wait after the 5 years, even though they have been living in the UK lawfully for the three years preceding the 5 years before they qualify for PR.


I hope i make sense. I am trying to get a better understanding myself.

[ciaramc]

So lets say a British citizen enters the UK with their non-eu spouse under community rules EU Law and not national law how long do they have to wait in order to apply for citizenship?

[Plum70]

They would be able to naturalise after 5 years ordinary residence in the UK. This is because in the 5th year PR is automatically attained (under EU law) and as the spouse of a British national the 1 year requirement for PR is waived (provided for under current UK law).

I do not know if this would change with the new rules.

[JAJ]

If the non-British spouse of a British national is staying in the UK with the British National in the capacity of Student, for 3 years he/ she will not qualify would she?

No, because ILR/PR is not held.

If the same obtain ILR by virtue of having been a recipient of a spousal visa for 2 years, apply for citizenship, she will not qualify would she? He/she would have to wait until 1 year after qualifying for ILR.

For spouses, it's two simple questions:

1. Is ILR/PR held? (it does not matter how ILR/PR was obtained); and
2. Is there at least 3 years legal residence.

Those who arrive as spouses from Day 1 effectively have to wait a year after ILR because they haven't yet got 3 yrs legal residence.

But those who get ILR/PR with more than 3 years legal residence can go for naturalisation immediately. If the spouse/civil partner of a British citizen.

[Pasha]

Thanks for the replies. From my understanding to sumarise..

- UK/National Route = spousal visa (out of country application), ILR then Naturalisation. Total time 3 years.

- EU Route = EEA 2 residence card (5 years), PR (1 year) then naturalisation. Total time 6 years

- EU Route where EEA spouse has both British and EEA citizenship = EEA 2 residence card (5 years) then naturalisation. Total time 5 years ( 5 years plus 1 day equates to a 6th year when the application can be submitted)

PR refers to permanent residence attained under EU law. The equivalent under UK/National law is ILR. So, a non-EEA family member who is on the EU route cannot obtain IRL as such but it is termed PR. Both of which are currently under review so there may be a possibility that bypassing PR on the EU Route may change however... as permanent residence (PR) is assumed after 5 years of lawful residence, any law relating PR atttained under EU law makes reference to the EU Directive and not UK/national Law (i.e. not ILR) which is going to change in 2010..so I am still confused if these changes relate to the EEA route to naturalisation...can anyone confirm or am I looking to much into the technicality of it all (apologies if I am..)

[Obie]

- EU Route = EEA 2 residence card (5 years), PR (1 year) then naturalisation. Total time 6 years

- EU Route where EEA spouse has both British and EEA citizenship = EEA 2 residence card (5 years) then naturalisation. Total time 5 years ( 5 years plus 1 day equates to a 6th year when the application can be submitted)

Because you are married to a British national, i gathered from Jaj, that you will automatically/immediately qualify for British Citizenship after you have obtained your PR, as opposed to the year after for all other category applicant.

This is based on the present legislation. One would have to wait till next year to see how much changes would be made to the existing laws.

[markh]

Hi there - hope it's OK if I intrude but it looks like this thread is relevant to me..

I'm British and my Australian partner is here as a Singh case, having lived in Ireland before we came to the UK.

Her 5 years is up in October. If I understand correctly, she will automatically get PR at that time, and a day later she can apply for citizenship.

Do we need to complete some paperwork to get a PR stamp in her passport? Is that form EEA4? Or do we just go ahead and apply for naturalisation (form AN) on the basis that PR is automatically granted after 5 years, and she is married to a british citizen so no need to wait for another year.

[JAJ]

Hi there - hope it's OK if I intrude but it looks like this thread is relevant to me..

I'm British and my Australian partner is here as a Singh case, having lived in Ireland before we came to the UK.

Her 5 years is up in October. If I understand correctly, she will automatically get PR at that time, and a day later she can apply for citizenship.

Do we need to complete some paperwork to get a PR stamp in her passport? Is that form EEA4? Or do we just go ahead and apply for naturalisation (form AN) on the basis that PR is automatically granted after 5 years, and she is married to a british citizen so no need to wait for another year.

She can apply straight away. No need for EEA4.

In fact, it would be strongly inadvisable to apply for EEA4 because by the time EEA4 was decided the new citizenship rules would likely be in place and these will mean that those on the EEA track will have to wait a lot longer (8 years, most likely) for citizenship.