3 years or 5 years requirement for British Citizenship

[denham]

Hi every one,

I have been in the UK since 2002 under asylum seekers rule,

I am non-EEA, family member of an EEA National as showed on my Residence Documentation endorsed in my own country passport by UKBA, after my marriage to an EEA in 2009 who has her British Citizenship now. (Sorry I had forgotten to add her British Citizenship)
Now three and half years, we are together so I have applied for British Citizenship by sending 'Application Form AN', because according to UKBA website, i am eligible.

Immigration Enquiry Bureau refused my application. They have written, ‘As you have not been married to your spouse for continues period of 5 years while she was exercising treaty right in the UK, you do not meet the requirement at note 6 of the information leaflet BN7,... .

I have looked the leaflet also UKBA website but I do not need such requirement.
Now because there is no answer to telephone, as usual, and I have spent about £800 for this application, the question is do I really need this 5 years requirement (as they required) or they have been wrong, as usual, and i am OK with three and half years ?!

Thank you,

Fed up with UKBA

[Gyfrinachgar]

The 3 year rule applies if married to a British citizen, not to an EEA citizen. Read section B of the booklet BN7, as advised by the HO. Since you did not exercise EU treaty rights (as spouse) for 5 years, and are not married to a British citizen for 3 years, the UKBA is right, as usual.

[Jambo]

Now three and half years, we are together so I have applied for British Citizenship by sending 'Application Form AN', because according to UKBA website, i am eligible.

Why did you think you are eligible?

I suspect you missed one requirement (it's not very obvious from the HO website):

* you need to be free from immigration control for 12 months before applying.

This means you need to have ILR or PR (under the EEA regulations). PR is obtained after 5 years under the regulations which would mean 5 years after marriage to EEA national in your case. So you could only apply in 2015 (5 years + 1 year).

[Gyfrinachgar]

after my marriage to an EEA in 2009 who has her British Citizenship now. (Sorry I had forgotten to add her British Citizenship)

You earlier wrote that you two applied together - now what is it? If you confused HO in the same way, it is no wonder that they rejected your application. In any case, from the HO answer one can see that they - like us - were not aware of the British citizenship.

[denham]

after my marriage to an EEA in 2009 who has her British Citizenship now. (Sorry I had forgotten to add her British Citizenship)

You earlier wrote that you two applied together - now what is it? If you confused HO in the same way, it is no wonder that they rejected your application. In any case, from the HO answer one can see that they - like us - were not aware of the British citizenship.

i did not mentioned such thing that 'We two applied together'.
now to clear the situation help me with this explanation, please,
I have been with my wife since January 2006. I am the spouse since June 2009. My wife is the British Citizen since April 2012. ‘Residence Card of a Family Member of an EEA National’ has been issued for me in August 2009 and endorsed in my own country passport in July 2011.
thanks again,

[Jambo]

OK. This explains the confusion.

Although naturalisation as a spouse of BC only requires 3 years of residence, it also requires you to be free from immigration control on the day you apply (no need to wait 12 months if married to BC). This means having ILR or PR (under the EEA regulations). PR is obtained after 5 years under the EEA regulations. The fact that your wife became British doesn't mean you changed your immigration route. You need first to complete 5 years, obtain PR and then can apply for BC. For the BC application only the last 3 years of residence are examined.

In your case, you can apply 5 years after your marriage so in 2014.

[denham]

OK. This explains the confusion.

Although naturalisation as a spouse of BC only requires 3 years of residence, it also requires you to be free from immigration control on the day you apply (no need to wait 12 months if married to BC). This means having ILR or PR (under the EEA regulations). PR is obtained after 5 years under the EEA regulations. The fact that your wife became British doesn't mean you changed your immigration route. You need first to complete 5 years, obtain PR and then can apply for BC. For the BC application only the last 3 years of residence are examined.

In your case, you can apply 5 years after your marriage so in 2014.

but there is no such explanation, on 5 years period, in leaflet BN7 or UKBA website or even in Policy and Law.
if you know where i can point of this law, please let me know.

[Jambo]

but there is no such explanation, on 5 years period, in leaflet BN7 or UKBA website or even in Policy and Law.
if you know where i can point of this law, please let me know.

See 7(b) in leaftlet BN7 and note 6 it refers to.

Also from the HO website:

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application. This often means having already gained settled status before you make your citizenship application. How and when you are eligible for settled status will depend on the immigration category you were in and successfully meeting its requirements for indefinite leave to enter or remain. For example spouses and civil partners of British citizens who must complete a 5 year probationary period under Appendix FM would generally have the opportunity to apply for naturalisation on this basis once they complete the 5 year period and obtain indefinite leave to remain provided they can also meet the other requirements of naturalisation at that time.

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.

[denham]

but there is no such explanation, on 5 years period, in leaflet BN7 or UKBA website or even in Policy and Law.
if you know where i can point of this law, please let me know.

See 7(b) in leaftlet BN7 and note 6 it refers to.

Also from the HO website:

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application. This often means having already gained settled status before you make your citizenship application. How and when you are eligible for settled status will depend on the immigration category you were in and successfully meeting its requirements for indefinite leave to enter or remain. For example spouses and civil partners of British citizens who must complete a 5 year probationary period under Appendix FM would generally have the opportunity to apply for naturalisation on this basis once they complete the 5 year period and obtain indefinite leave to remain provided they can also meet the other requirements of naturalisation at that time.

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.

yes, thank you for your help. so i should wait one and half year more.

[RocklUK]

Look at these for the vague refusal of citizenship with paragraph 3(d) being cited. Case workers at the Home Office have recently said they have no idea what paragraph 3(d) is to my wife who passed all checks and has P60's for well over 5 years:

You have not been granted indefinite leave to remain on or permanent residence in the United Kingdom, you do not meet the requirement at paragraph 3(d) of the leaflet. The application is therefore refused.

http://webarchive.nationalarchives.gov. ... pageid=151

http://webarchive.nationalarchives.gov. ... ageid=3684

http://www.legislation.gov.uk/ukpga/1981/61