BC for non-eea who has been here under EU laws

atenolol · Post by **atenolol** » Sun Mar 13, 2011 8:02 pm

Here is my situation: Eu national, been living here since 1998 continously. Married to non-eea since 2008. My question is: if I apply for a BC now and it gets approved, what will be the situation with my spouse? Will he be able to apply for BC too since he has been married to me for 3 years and has been resident in th UK for 3 years under EU laws? Or would he still have to wait to complete 5 years plus 1 before he would be eligible for BC? I have tried searching the board for similar cases but the area seems a bit grey. To add to the complication, my eu country does not allow dual nationality.

Post by **geriatrix** » Sun Mar 13, 2011 8:54 pm

To be eligible for naturalisation, one of the requirements is that the applicants must have been granted settlement (PR under EU laws or ILR under UK laws).

atenolol · Post by **atenolol** » Sun Mar 13, 2011 9:02 pm

But how would he attain PR status if I have become a BC before the 5th year of marriage? Unless I carry on keeping my eu nationality until then, even though they don't allow dual nationality.
So as a non-EU spouse of a BC, you have to have had ILR or PR before you can apply for BC even if you have been in the country and married for more than 3 years? Do you mind sharing with me where you read this info the UKBA site? Thanks in advance

atenolol · Post by **atenolol** » Sun Mar 13, 2011 9:10 pm

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

It does state there that EU members and their family need to attain PR status first. But this applies if you are applying for a BC under EU rules. However, if you are applying for BC as the spouse of BC, the rules are different: you need to married to a BC and meet the residential requirements which in this case is being resident here for 3 years. Please let me know if I am interpreting it rightly

Post by **geriatrix** » Sun Mar 13, 2011 9:40 pm

atenolol wrote:Please let me know if I am interpreting it rightly

No.

Requirements for naturalisation if you are married to or the civil partner of a British citizen wrote:Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

Paragraph 3, Schedule 1, British Nayionality Act 1981 wrote:(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

One is not free from immigration time restrictions until one is granted settlement.

atenolol · Post by **atenolol** » Sun Mar 13, 2011 10:11 pm

Thanks for the info. Under what conditions can the non-eu spouse apply for ILR if married to a BC? Do you know? I am just trying to figure out which route is quicker.

Post by **geriatrix** » Wed Mar 16, 2011 1:36 pm

1. Apply for entry clearance as spouse of British citizen (cannot switch in-country as 284(i) is not satisfied).
2. Live in the UK as spouse of British citizen and apply for settlement as and when one qualifies (under current rules, one qualifies after 2 year period).
3. When granted settlement, apply for naturalisation as and when the requirements for spouses and civil partners are fulfilled.

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BC for non-eea who has been here under EU laws

BC for non-eea who has been here under EU laws