Application as husband of British Citizen (previously EEA)

[djazaira]

Hello,

I`m EEA citizen who got naturalised as British Citizen in January 2011.
My husband is non-EU citizen currently on EEA2 Residence. In October 2011 he will have lived 5 years in UK and qualifies for EEA4 Permanent Residence.

As I`m British Citizen can my husband apply straight for Naturalisation in October 2011 as according to UKBA [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.][/quote]

I would appreciate if someone confirmed if above applies to my husband.

Thank you

[geriatrix]

Your husband will not be free from immigration time restrictions until he acquires PR status. Therefore, he is not eligible for naturalisation until then.

Subsequent to acquiring PR, if he fulfils the eligibility requirements then he may apply for naturalisation.

[djazaira]

Thank you for your reply.

According to UKBA

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

I understand above as my husband will have PR automatically after living here for 5 years. How does it apply to Naturalisation?

I mean is the 5 year residential qualifying period fulfilled then? Does it matter how long I have been British Citizenship?

Thank you

[forumexpert]

As a spouse of eea citizen whoses partner now british citizen do not need to hold 1 year ILR. And you do not need to apply for ILR according to EEA law.

So in this case you should have only excercised 5 year in this country as wife/husband of eea national during and this period if your partner became british citizen you do not need to hold 1 year ILR in october you can apply for naturalization and i give you guarentee you will get it.

Why i am so confidend about because i had excatly the same situation and i am now british citizen.

[djazaira]

Thanks a lot for your info!

Could you tell me what documents are required for application for naturalisation after 5 years?
My husband has been here for 5 years but only last 4 years in employment. Does HO accept fact that I was supporting him first year (P60, bank statement etc) or is it required for him to be 5 years in employment. This would mean he cannot apply for naturalisation after 5 years of living in UK.
Does exercising Treaty Right mean being in employment only in this case?

Thanks a lot

[forumexpert]

I thought i should submit, my documents but they only requested my wifes payslips p60's bank statement school letter etc showing that she was self sufficient and she really was in this country continuesly.

There is info on the HO web site for EEA national who are now british citizen the law clearly says: For this kind of situation still spouse of eea citizen (now british citizen) has to live continuesly period of 5 years so you should wait until october.

[djazaira]

Thanks a lot. So just confirm my understanding: when you applied for BC as after 5 year residence you sent to HO your wife's documents to cover your 5 years residence? You didnt submit any documents confirming your employment during these 5 years?

Thanks again

[forumexpert]

The lady in NCS told me that in my passport i have all the, in and out stamps so HO wouldnt require any documents regarding my residency she told me that submitting only passport should be sufficient.

My wife had to provide 6 years documents that she was self sufficient.


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http://www.lifeintheuk.org/mod/forum/di ... p?d=764610