- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I dont think that statement is legally correct in light of the recent CJEU Judgement.John wrote:I cannot see how it is possible to exercise Treaty Rights before the person's country entered the EU.
Obie wrote:The CJEU has issued their judgement in the case of Ziolkowski
Essentially, someone from accession state who has been residing in the UK prior to their country joining the EU can claim PR, provided they meet the condition under EU rules, in the period they resided in the memberstate under national law.
This case could have an implication for Romania and Bulgarian national. There is a possibility it may affect non-EU national, even though not explicitly states, who had resided under national law as a worker, self employed, student or self-sufficient person prior to acquiring right under the EEA regulations.
So you are saying that she can apply NOW directly for BC?Obie wrote:I dont think that statement is legally correct in light of the recent CJEU Judgement.John wrote:I cannot see how it is possible to exercise Treaty Rights before the person's country entered the EU.
Yes, but Home Office still says that you cannot go for 2 routes so for such applications this paper need to be added although knowing how HO operates I still think is too lateObie wrote:I am assuming for ILR, you meant PR under community law. In that case, yes you correct.
The CJEU as i mentioned earlier has ruled that lawful residence accrued before a Union Citizen's state joined the EU counts towards PR.
If OP was lawfully resident in UK and working since 2005 and continued after her country joined the EU in 2007, then she became a PResidence in March 2010. Therefore she qualified to apply for naturalisation since March 2011.
She does not have to wait, as she has been an holder of PR for over a year, and furthermore, she is married to a British National. Not that i think the later is necessary in my view.
She does not have to use 2 routes. No one suggested anything of the sort.Yes, but Home Office still says that you cannot go for 2 routes so for such applications this paper need to be added although knowing how HO operates I still think is too late
I'm saying this because I'm pretty sure that in this scenario the application will go for 6 months and then refused ==> appeal and maybe SOLVIT involved, another couple of months...there you go almost 2013.
She had obtained the status of the Permanent Resident in March 2010. Not "now", but 2 years ago. And she had lived in the status of Permanent Resident for 2 years (instead of required 12 months).Anyway now she has PR automatically but still she has to wait in order to apply for BC.
Nimitta wrote:She does not have to use 2 routes. No one suggested anything of the sort.Yes, but Home Office still says that you cannot go for 2 routes so for such applications this paper need to be added although knowing how HO operates I still think is too late
I'm saying this because I'm pretty sure that in this scenario the application will go for 6 months and then refused ==> appeal and maybe SOLVIT involved, another couple of months...there you go almost 2013.
She had obtained the status of the Permanent Resident in March 2010. Not "now", but 2 years ago. And she had lived in the status of Permanent Resident for 2 years (instead of required 12 months).Anyway now she has PR automatically but still she has to wait in order to apply for BC.
There is some confusion in the answers given to you already.londonlady wrote:Hi All,
I came to UK on aupair visa in March 2005, and in Jan 2007 I applied for a residency card as Romania got into EEA. Since then I am excercising my EEA treaty rights.
I want to apply for Citizenship now and confused about which route to take:
1) I am legally in UK since March 2005, so it makes it (Marchs of 2006, 2007, 2008, 2009, 2010) upto 5 years and 7 months. So should I go for ILR route? the BIA site says that EEA excercising ppl dont need that.
2) Since Jan 2007, I have now completed total 5 yrs (i,e Jan 2008, 2009, 2010, 2011 and now 2012). So I should now already have permanent residence automatically in which case I will be eligible to apply only in January 2013?
3) My fiance is British and if we get married now, can I immediately apply for Citizenship? the BIA website says there is a 3 yr minimum period to be spent in UK. However its not clear whether its post marriage or can even pre marriage count?
I think point 2 and 3 are viable options, and if point 3 requires post marriage period, then I will wait for point 2 to become valid until 2013.
Also, if any immigration solicitor reading this, can you pls send me a PM as I am quite happy to consult professionals in this regard. Also if you want to recommend someone who has experience of dealing with EEA routes and associated marriage cases.
Regards,
Clearly that JoS didn't read the whole topic...; as I mentioned before, HO will say that for A2 nationals only in 2013 is possible to obtain BC, BUT Ziolkowski case prove them wrong!John wrote:JoS, have you read the Ziolkowski Judgement?
I totally admit that I was not aware of that until Obie posted a link above. Clearly that case is very relevant here.
This judgment may change the way UKBA considers applications,but it'll take time before it does so, and the delay will effectively negate the whole potential benefit.John wrote:JoS, have you read the Ziolkowski Judgement?
I totally admit that I was not aware of that until Obie posted a link above. Clearly that case is very relevant here.