EU citizens getting British Citizenship after 5 years

[petkanov]

An EU citizen exercising treaty rights for 5 years becomes automatically Permanent Resident. To become a citizen one has to be free from immigration restrictions for a year. But on the discretion it says that this could be disregarded for EU citizens that were not aware of the 1 year rule. So, my question is:

Will they naturalize an EU citizen who applies for citizenship right after getting PR and who didn't know about the 1 year free from immigration conditions rule?

[vinny]

But on the discretion it says that this could be disregarded for EU citizens that were not aware of the 1 year rule.

Do you have a link to it?

[petkanov]

http://bia.homeoffice.gov.uk/britishcit ... trictions/

It is at the end of the document:
This page explains how we can use our discretion to disregard immigration time restrictions during the last 12 months of the residential qualifying period when considering applications for naturalisation as a British citizen.

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application. If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

* you had been free from immigration time restrictions for at least 12 months by the time we consider your application; or
* we had placed a time limit on your stay when we should not have done when you returned to the United Kingdom after a visit abroad; or
* the time restriction was in place for less than 10 days at the beginning of the 12 month period; or
* the time restriction was in place for between 10 and 90 days at the beginning of the 12 month period and all other requirements including the residence requirement are met; and

o you can show you have established links to the United Kingdom though your home, family and larger part of your estate;
* the time restriction was in place for more than 90 days at the beginning of the 12 month period and all other requirements including the residence requirement are met; and

o you can show you have established links to the United Kingdom though your home, family and larger part of your estate; and
o there are compelling business or compassionate reasons to approve your application; or
* the time restriction was in place for more than 10 days at the beginning of the 12 month period and you do not meet all the other requirements for naturalisation you must show:

o you have established links to the United Kingdom though your home, family and larger part of your estate; and
o there are compelling business or compassionate reasons to approve your application; or
* you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault; or
* you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain; or
* you are a national of the European Economic Area or Switzerland and were unaware of this requirement.

[keshgrover]

http://bia.homeoffice.gov.uk/britishcit ... trictions/

It is at the end of the document:
This page explains how we can use our discretion to disregard immigration time restrictions during the last 12 months of the residential qualifying period when considering applications for naturalisation as a British citizen.

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application. If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

* you had been free from immigration time restrictions for at least 12 months by the time we consider your application; or
* we had placed a time limit on your stay when we should not have done when you returned to the United Kingdom after a visit abroad; or
* the time restriction was in place for less than 10 days at the beginning of the 12 month period; or
* the time restriction was in place for between 10 and 90 days at the beginning of the 12 month period and all other requirements including the residence requirement are met; and

o you can show you have established links to the United Kingdom though your home, family and larger part of your estate;
* the time restriction was in place for more than 90 days at the beginning of the 12 month period and all other requirements including the residence requirement are met; and

o you can show you have established links to the United Kingdom though your home, family and larger part of your estate; and
o there are compelling business or compassionate reasons to approve your application; or
* the time restriction was in place for more than 10 days at the beginning of the 12 month period and you do not meet all the other requirements for naturalisation you must show:

o you have established links to the United Kingdom though your home, family and larger part of your estate; and
o there are compelling business or compassionate reasons to approve your application; or
* you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault; or
* you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain; or
* you are a national of the European Economic Area or Switzerland and were unaware of this requirement.

Seems like there is a loop hole there. Need to dig more information on it. I have tried to get a copy of case worker instructions on naturalisation for EEA citizens and their family members. I will keep you guys updated.

[lboro]

Just wondering what are the benefits of becoming British citizen if you are an EU citizen(already have EU passport from one of the other member states, say u are French). Isn't having UK residency enough?

[keshgrover]

Just wondering what are the benefits of becoming British citizen if you are an EU citizen(already have EU passport from one of the other member states, say u are French). Isn't having UK residency enough?

It might help non-eea family members of an eea national. If I am not wrong?

[lboro]

It might help non-eea family members of an eea national. If I am not wrong?

How will it help? Isn't the fact that u have EU passport and UK residency then your non EU family member will be OK in UK?

[petkanov]

some of the benefits are that you can apply for certain jobs for which citizenship is required. Overall there are not significant benefits of becoming British, but nevertheless it wouldn't hurt.

[lboro]

some of the benefits are that you can apply for certain jobs for which citizenship is required.

My understanding is that most jobs that require you to have British citizen comes with attachment that you must have been residence in UK for the past 10yrs so that you pass their vetting and security clearance! some go even further by saying your parent must be British citizen LOL!