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British Citizenship for spouse from EU country...

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

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24601
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British Citizenship for spouse from EU country...

Post by 24601 » Wed Aug 01, 2012 11:17 am

First post, so sorry if this is placed in the wrong location!

My husband would like to gain British Citizenship (dual), but we're struggling to work out exactly what he needs to do, and we don't want to lose the extortionate fees by doing the wrong thing, or waste it by doing something unnecessary! I'm British.

Background: He is Romanian, in UK continuously since 1998, first as a student and then in full time and continuous employment since 2003. He has no restrictions on employment (blue Home Office card) and we have been married for two years.

I know (I think!) that for non EU people the system is: Life in UK test > Residency (£!) > Wait a year > Citizenship and passport (£!)

What we can't work out is whether he might be able to skip a stage of this due to being an EU citizen and/or being married to a British person.

From reading around it seems that he can possibly skip the residency stage and go straight for citizenship? And would he still need the Life in the UK test? I'm finding it difficult to work it out! :?

Many thanks :)

cs95tdg
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Location: London

Re: British Citizenship for spouse from EU country...

Post by cs95tdg » Wed Aug 01, 2012 12:43 pm

24601 wrote:I know (I think!) that for non EU people the system is: Life in UK test > Residency (£!) > Wait a year > Citizenship and passport (£!)

What we can't work out is whether he might be able to skip a stage of this due to being an EU citizen and/or being married to a British person.

From reading around it seems that he can possibly skip the residency stage and go straight for citizenship? And would he still need the Life in the UK test? I'm finding it difficult to work it out!
1) From what you have stated above I'd say it's option 1 mentioned in the URL below that would apply to your Husband. I.e. he will need to take the "Life in the UK Test".
The information posted under the following URL will be useful, please read through to find out if there is other information that may be relevant to you:
http://www.ukba.homeoffice.gov.uk/briti ... ation/kol/

2) Residency - I take it you mean applying for ILR? If so the information posted under the following URL will be useful. I don't know what the Blue Home Office Card you mention is. Do you know whether it represents him exercising EEA free-movement rights in the United Kingdom?
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

European Economic Area nationals and Swiss nationals

If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.

If you have been outside the United Kingdom for six months or more in any one of the five years of the residence period you will have broken your residence.

3) Waiting a year. - This will not be necessary as your husband would already have met the 3 year residency requirement as the spouse of a British Citizen OR even in his own right as he has always been free from Immigration control during his residence in the UK since 1998.

In summary my understanding would be that if he has exercised EEA free-movement rights in the UK then he will be able to apply for British Citizenship directly after passing the Life in the UK Test. But please read through the information provided on the UKBA website and also the following sticky as well. http://www.immigrationboards.com/viewtopic.php?t=95747

24601
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Re: British Citizenship for spouse from EU country...

Post by 24601 » Wed Aug 01, 2012 2:11 pm

cs95tdg wrote: In summary my understanding would be that if he has exercised EEA free-movement rights in the UK then he will be able to apply for British Citizenship directly after passing the Life in the UK Test. But please read through the information provided on the UKBA website and also the following sticky as well. http://www.immigrationboards.com/viewtopic.php?t=95747
Many thanks for your reply!

Yes, I meant ILR when I said residency, and I'm not sure what the blue card is officially called, but it gives him no restrictions on work in the UK.

I think we've both come to the same conclusion, Life in the UK test, then apply for citizenship. There's so much information available, it is difficult to see the wood for the trees at times :D

Guess hubby needs to get studying...

Thanks again.

cs95tdg
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Location: London

Post by cs95tdg » Wed Aug 01, 2012 2:43 pm

I forgot to mention that you might want to take a look through the following forum for information on EEA-route Applications, as it looks like that may be the more relevant place for your post.

http://www.immigrationboards.com/viewforum.php?f=45

christinerose
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Post by christinerose » Wed Aug 01, 2012 3:13 pm

cs95tdg wrote:I forgot to mention that you might want to take a look through the following forum for information on EEA-route Applications, as it looks like that may be the more relevant place for your post.

http://www.immigrationboards.com/viewforum.php?f=45
Hi,

I have a similar problem. I am so confused about it all.
I am an EU citizen (since 2007 when Romania joined EU); I have been living in the UK for the past 10 years and I've been married to a British citizen for a bit more than 5 years.
I recently passed the Life in the UK test and now I want to apply for citizenship BUT......I am not sure if I need to apply for ILR or not.
I have read the link above: "If married to a BC, you can apply the same day you are granted ILR if you meet the spouse requirements which includes 3 years residence. Any legal stay in the UK counts."
...the same day you are granted ILR....this "granted ILR" means that I have to apply for it (paying for it)?? or does it come automatically once those years required have passed?
Could anyone shed some light for me please?
I don't want to have to apply for ILR too and pay huge amounts of money.

Thanks so much :)

AlexS
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Post by AlexS » Thu Aug 02, 2012 3:07 pm

ILR is in this case granted automatically, you don't need to apply. Of course there will be no way to prove it (i.e. to an employer) if you don't apply and get a stamp in you passport or something like that, but it's enough to be able to apply for citizenship.
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Alex

christinerose
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Post by christinerose » Thu Aug 02, 2012 3:21 pm

AlexS wrote:ILR is in this case granted automatically, you don't need to apply. Of course there will be no way to prove it (i.e. to an employer) if you don't apply and get a stamp in you passport or something like that, but it's enough to be able to apply for citizenship.
Dear Alex,

Thank you so much! I feel better now! :)

All the best

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