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British Naturalisation for EEA Family Member

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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giruzz
Junior Member
Posts: 82
Joined: Mon Apr 02, 2007 5:47 am

British Naturalisation for EEA Family Member

Post by giruzz » Thu May 05, 2011 3:57 pm

Hello,

I am not sure I understand how the process works...hope someone can help.

This is the situation:


Person A: EEA Citizen
  • 25/09/2007 - Arrived in the UK
    14/12/2007 - Received registration Certificate
Person B:
  • NON EEA Cit.
    25/09/2007 - Arrived in the UK
    14/01/2008 - Received 'Immigration status document' (i.e. EEA Family member permit on separate A4 Sheet, not included in passport)
    09/06/2009 - Received EEA Family member permit (endorsed in passport)
Two questions, from what I see in order to be able to apply for British Citizenship a subject needs to be:
  • been resident in the UK for at least five years (this is known as the residential qualifying period); and
    been present in the UK five years before the date of your application
Also,
You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.
Now, from an immigration prospective, for Person B. What would qualify to be 'free from immigration restrictions for the past 12 months'?

Does she need to apply for Permanent Residency after the 25th of September 2012 and then wait for one year after the Permanent Residency permit is guaranteed?

Or...as she is going to qualify anyway for Permanent Residency, can she apply straight for British Citizenship after the 26th of September 2013? (This because her EEA Family Member Permit is going to expiry in 2014 and there is no 'official requirement' to apply for a new one)

Anyone that could shed some light?

Thanks,

Giruzz

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Thu May 05, 2011 9:34 pm

She can apply straight after 26th of September 2013 after completing 5+1 years and assuming she meets all the other residence requirements. She will require to provide evidence of exercising EU treaty rights in the 5 years when applying for naturalisation to prove she have obtained the PR status automatically.

giruzz
Junior Member
Posts: 82
Joined: Mon Apr 02, 2007 5:47 am

Post by giruzz » Thu May 05, 2011 11:03 pm

Jambo wrote:She can apply straight after 26th of September 2013 after completing 5+1 years and assuming she meets all the other residence requirements. She will require to provide evidence of exercising EU treaty rights in the 5 years when applying for naturalisation to prove she have obtained the PR status automatically.
Thanks for the clarification!

It shouldn't be a problem to provide evidence that we have been living here exercising EU Treaty rights.

G.

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