EEA4 or directly Naturalization?

[meir14]

Hi,

I have been living with my EEA CP in the UK and he has been exercising his treaty rights during this period. My CP is Italian with EEA3 and I am with EEA2.

Last year he naturalised as a British Citizen. Right now, he is both Italian and British citizens.

Given that i am eligible for permanent residence under EEA laws right now, and at the same time the naturalisation requirement for British citizen CP is 3 years residence, can I apply directly to naturalisation now?

[Jambo]

Are you sure you are eligible for a PR confirmation?

According to your post, you only got married 1.5 years ago.

[meir14]

We had been unmarried partners before. I first received EEA2 in that category.

[John]

So meir14, when was your first Residence Card issued in the UK? What is the start date on that card?

[Jambo]

We had been unmarried partners before. I first received EEA2 in that category.

I'm confused. You stated here that you were on a work permit.

[John]

meir14, in the topic linked to by Jambo two months ago you posted :-

I am on EEA2 since 29.05.2010. Before that I was on a work permit in the UK for 3 years. So in total I have been in the UK for 4 years.

So clearly you cannot have exercised Treaty Rights in the UK for 5 years, so not sure why you think you qualify for PR status.

[Azhaar]

you dont qualify for PR until you complete 5 years continous residence in the uk regardless if you Cp is british now or not,,

u might be able to apply for naturalisation as you have been with your CP for more than 3 years--

thank you

[John]

u might be able to apply for naturalisation as you have been with your CP for more than 3 years

Why is that relevant? There is still the need to get PR status, or if a change of route, to get ILR.

[Azhaar]

yes under immigration rule: check the link..

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

i might be wrong
but it says it clearly

[Greenie]

yes under immigration rule: check the link..

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

i might be wrong
but it says it clearly

you are wrong. He would need to apply under the immigration rules to make use of that route.

[John]

Azhaar, you are overlooking, from the webpage that you linked to :-

Immigration time restrictions

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

But Greenie, as regards :-

you are wrong. He would need to apply under the immigration rules to make use of that route.

-: well no, an application for Naturalisation under section 6(2), as spouse or CP of a British Citizen, is available irrespective of the route to passing all the necessary tests.

[Greenie]

Azhaar, you are overlooking, from the webpage that you linked to :-

Immigration time restrictions

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

But Greenie, as regards :-

you are wrong. He would need to apply under the immigration rules to make use of that route.

-: well no, an application for Naturalisation under section 6(2), as spouse or CP of a British Citizen, is available irrespective of the route to passing all the necessary tests.

Apologies, I wasn't clear, I am of course aware that he can apply under section 6(2) regardless of whether he went down the EEA regs/Immigration rules route, What I meant was that in order to qualify for citizenship after 3 years residence he would have needed to go down the immigration rule route in order to be free from immigration restrictions after two years rather than 5.

[John]

Greenie, for meir14, I agree that only going down the UK immigration route, and getting a 2-year spouse visa, is the only way of speeding up the path to Naturalisation.

But for someone else, let's say a Polish national who has been exercising Treaty Rights in the UK for 5 years, and thus has PR status, when they then get married to (or enter into CP with) a British Citizen, they could apply for Naturalisation immediately after the marriage (assuming other tests passed).

[Greenie]

Greenie, for meir14, I agree that only going down the UK immigration route, and getting a 2-year spouse visa, is the only way of speeding up the path to Naturalisation.

But for someone else, let's say a Polish national who has been exercising Treaty Rights in the UK for 5 years, and thus has PR status, when they then get married to (or enter into CP with) a British Citizen, they could apply for Naturalisation immediately after the marriage (assuming other tests passed).

i agree.

[EUsmileWEallsmile]

Azhaar, you are overlooking, from the webpage that you linked to :-

Immigration time restrictions

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

But Greenie, as regards :-

you are wrong. He would need to apply under the immigration rules to make use of that route.

-: well no, an application for Naturalisation under section 6(2), as spouse or CP of a British Citizen, is available irrespective of the route to passing all the necessary tests.

Apologies, I wasn't clear, I am of course aware that he can apply under section 6(2) regardless of whether he went down the EEA regs/Immigration rules route, What I meant was that in order to qualify for citizenship after 3 years residence he would have needed to go down the immigration rule route in order to be free from immigration restrictions after two years rather than 5.

Which does not necessarily mean that they must leave the UK, go back to their country of origin and reapply. Or does it?

[John]

Which does not necessarily mean that they must leave the UK, go back to their country of origin and reapply. Or does it?

What on earth are you suggesting? In the context of this topic, your post makes no sense at all. We are merely examining a timing issue.