- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
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.Pasha wrote: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
This, I did not know. Thanks!Pasha wrote: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).
I think u can after five years, if the EEA member has British Citizenship as well as there own.Obie wrote: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/
You certainly can after five years. In the sixth year.Wanderer wrote:
I think u can after five years, if the EEA member has British Citizenship as well as there own.
Absolutely untrue.Obie wrote: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.
Ciaramc that is perfectly right.ciaramc wrote: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?
No minimum time period with ILR/PR required for spouses of British citizens.Obie wrote: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 please correct me if i am wrongJAJ wrote:No minimum time period with ILR/PR required for spouses of British citizens.Obie wrote: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, because ILR/PR is not held.Obie wrote: 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?
For spouses, it's two simple questions: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.
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.Pasha wrote:
- 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)
She can apply straight away. No need for EEA4.markh wrote: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.