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Guerro wrote:I think the non eea has to wait one year after pr to apply for citizenship whether the eea partner is eea or british. Do you have any reference to this info?
This is correct, but it important to stress that the 3 years prior to applying for a British Passport as the spouse of a British national , has to be three years of lawful residence. Unlawful residence does not count.mcovet wrote: People married to Brit nationals dont have to wait one year when they get ILR for instance, it's somewhere in the act, i'm not at my laptop but u can google it n find it. There r certain rules for it such as the ILR holder must have been present in the uk for 3 years so using the same parallel, nom-eea having resided for 5 years in Uk can apply directly without waiting for 1 year! They can save 1 year through Sur Singh but obviously these cases constitute a tiny proportion of applicants not many brits use eea route.
Hopefully this might help to clarify the rules.[b]18.2.2 Naturalisation under section 6(2)[/b] wrote: 18.2.2.1 A person may be granted a certificate of naturalisation as a British citizen under s.6(2) of the British Nationality Act 1981 if, on the date of application, the applicant:
•
is of full age (i.e. aged 18 or more); and
•
is of full capacity (see Annex A); and
•
is married to/in a civil partnership with a British citizen (see Annex F to Chapter 6 and the entries "MARRIAGE" and "CIVIL PARTNERSHIP" in Volume 2); and
•
meets the residence requirements set out in 18.2.2.2 below; and, at the time of consideration:
a. is of good character (see Annex D); and
b. remains of full capacity (see Annex A); and
c. (if the application is made on or after 28 July 2004) has a sufficient knowledge of the English, Welsh or Scottish Gaelic language, and can provide the appropriate evidence to
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support this (see Annex E); and
d. (if the application is made on or after 1 November 2005) has a sufficient knowledge of life in the United Kingdom, and can provide the appropriate evidence to support this (see Annex E Section 1).
18.2.2.2 The residence requirements referred to in 18.2.2.1 above are that the applicant:
a. was in the UK at the beginning of the period of 3 years ending with the date of the application; and
b. was not absent from the UK for more than 270 days in that 3 year period; and
c. was not absent from the UK for more than 90 days in the period of 12 months ending with the date of the application; and
d. was not, on the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK; and
e. was not, at any time in the period of 3 years ending with the date of the application, in the UK in breach of the immigration laws.
thats my take on it to be honest, and myself and hubby are under SSR.Jambo wrote:You can't have one's cake and eat it too.
If you chose going via the EEA regulations, you enjoy simpler requirements to meet and a free application. You can't then expect to have the same privileges as someone who has gone via the other (harder) route.
There is no discrimination here. It is your choice which route to take.
thank you very much!Jambo wrote:The Family Permit (FP) is valid for 6 months. Once back in the UK, the non EU can apply for a Residence Card under Surinder Singh.
BC in this case can only be applied after 5 years. The reason is that in order to apply for BC, one needs to hold ILR/PR status and this is granted only after 5 years under the EEA regulations.
To be able to apply under the 3 years rule for BC, one needs to enter the UK on a UK spouse visa (which entitles ILR after 2 years).