Advice request for Naturalisation

[wiz]

As time goes on, it's getting harder to understand and make sure you fulfil all the right requirements to become a British Citizen.

Here is our case and I would appreciate your advice:

I am a Greek and British Citizen.

I was Naturalised on the 30 December 1993 and soon after got my 1st British Passport.

Of course I have kept my Greek Nationality.and use it to bring here, my wife, under the EU Directive.


ABOUT MY WIFE:

We got married in Russia on the 14 June 2008.

My wife applied on the 22 June 2008, Under the EU directive and was granted ENTRANCE CLEARANCE to the UK (Next day).

a) She arrived in the UK for permanent settlement on the 8 July 2008.

b) On the 20 July 2008 applied for her RESIDENT CARD and was issued on the 12 February 2009.

c) On the 18 October 2009 started working and continued to work till today. Of course she is permanent staff and will remain on the same place for very long time.

d) On the 8 July 2013 she completed 5 years permanent Residence in the UK and never been out of the country for more than 40 days in each of the 5 years.

e) Next April 2014 she will have her 5th P-60.


QUESTIONS:

1: Can she apply NOW for her British Naturalisation or do you think it will be better to apply after she receives her P-60 next April?

2. I understand that her Permanent Residency is automatic or she has to make an application for it before applying for Naturalisation.?

3. She has passed her LIFE IN THE UK TEST on the 18 May 2012.

4. As I am a British Citizen can she apply after the 3 years rule or must follow the 5-6 year rule for the EU citizens?


Your advice will be much appreciated.

Thank you in advance for any help!

wiz

[vivdubes]

She can apply after 3 years , she should have applied long back.


good luck with your application

[CR001]

As your wife entered the UK under EU rules, she can apply for confirmation of PR after 5 years and once this is received, she can then apply for naturalisation as spouse of BC.

@vivdudes - the 3 year residency as you state could have been applied 'long back' is only applicable if the OPs wife entered UK under UK Immigration rules, i.e. spouse visa, which she did not.

[wiz]

As your wife entered the UK under EU rules, she can apply for confirmation of PR after 5 years and once this is received, she can then apply for naturalisation as spouse of BC.

So if Understand it correctly, we must wait till the 9 February 2014 when it will be 5 years from the day of when she was issued her RESIDENT CARD in 9 FEB 2009 and not from the day she arrived in the UK and then apply for confirmation of her Permanent Residency, which I thought it's automatic and of course will take most probably 6 months to be issued.?

Having read this post: http://www.immigrationboards.com/viewtopic.php?t=137452 .....

I am totally confused. because his wife was treated as the wife of a BC

[CR001]

I am not overly familiar with the EU route but based on the link you provided and other forum member's experiences and advice given, it appears that qualifying is calculated from date of marriage.

Even though PR is gain automatically, she can apply for confirmation of this (although it is not necessary) by providing all the evidence needed that you, as an EU national, has been exercising treaty rights in the UK for the 5 years.

If she has already obtained PR automatically, which appears to be the case, then she can apply for naturalisation as spouse of BC as longs as she meets the requirements and passes the life in the uk test and meets the english language requirement.

Citizenship FAQs in the link below.

http://www.immigrationboards.com/viewtopic.php?t=95747

EEA FAQs in the link below

http://www.immigrationboards.com/viewtopic.php?t=114867

[wiz]

Lots to study....... and may comeback later.

Thank you for your help so far........

CR001:

If she has already obtained PR automatically, which appears to be the case, then she can apply for naturalisation as spouse of BC as longs as she meets the requirements and passes the life in the uk test and meets the english language requirement

Looks that you comments above are what I think is the correct way to go.

Thank you

wiz

[SouthWest1]

hi there,

1: Can she apply NOW for her British Naturalization or do you think it will be better to apply after she receives her P-60 next April?

she can apply after 6 years of residency based on her EEA route

2. I understand that her Permanent Residency is automatic or she has to make an application for it before applying for Naturalisation.?

it is automatically acquired. better apply for confirmation via EEA4 Application. Costs £55 and time scale for it is up to 6 months.

3. She has passed her LIFE IN THE UK TEST on the 18 May 2012.
that's enough. she does not need to retake it again. it does not expire.
however, there is another rule introduced on 28/10/2013 regarding English language knowledge.

4. As I am a British Citizen can she apply after the 3 years rule or must follow the 5-6 year rule for the EU citizens?

law does not allow to benefit from both nationalities to confirm permanent residence. you took the EEA route from the beginning and you should follow it until permanent residency is confirmed. the only advantage of your BC is that on the day she has her permanent residency confirmation on her passport, she can then apply for BC on the same day.



I believe your wife acquired her permanent residency on 07/07/2013 as she entered UK on 08/07/2008 with an entry clearance from Russia. so theoretically she can either apply for a permanent Residence now on EEA4 form or wait and apply for BC after 07/07/2014.

Personally i would go for the confirmation first as it is only £55 and once she got it on her passport, there are nothing else would stop ( providing all other criteria are met) her from applying to BC and pay nearly £1000 for it

[Jambo]

Her employment is irrelevant. She depends on you exercising treaty rights for 5 continuous years / holding PR/ILR. If you did so, then she has already PR and can apply now (as a spouse of BC) assuming she meets the requirements (including English language). She doesn't need to apply for PR Confirmation using form EEA4.

See also Applying on grounds of Automatic permanent residence.

[wiz]

Her employment is irrelevant. She depends on you exercising treaty rights for 5 continuous years / holding PR/ILR. If you did so, then she has already PR and can apply now (as a spouse of BC) assuming she meets the requirements (including English language). She doesn't need to apply for PR Confirmation using form EEA4.

See also Applying on grounds of Automatic permanent residence.

Of course at the time she applied for her Entrance Clearance and later for her RESIDENT CARD, till today, I was/am exercising my Treaty rights and the HO (who advised me) is fully aware of my British Nationality. Unfortunately, last July when I got in touch with the HO and one of the Document checking Centres, both told me that she has to wait for 6 years..... and I missed the new rules regarding the NEW language requirement. Not that it will be a problem for her to PASS the test but it's an additional unnecessary expense of £150.

Any way all you posts about the subject, here and in other posts are very useful and now must go to find her a Test Centre near home!

Thank you all for your help and I will keep an eye on all relevant posts.

[wiz]

If you are also British, then you are only British!

UKBA’s new EEA regulations (The Immigration (European Economic Area) (Amendment) Regulations 2012) state that when an EEA national is also British, then the EEA free movement regulations do not apply to them:

“EEA national” means a national of an EEA State who is not also a United Kingdom national. (regulation 2, as amended)

This amendment of the definition of an EEA national reflects the ECJ’s judgment in the case of C-434/09 Shirley McCarthy v Secretary of State for the Home Department. (from the Explanatory Note at the bottom)“

Ms. McCarthy, in case C-434/09, was (1) not working or otherwise exercising any treaty rights and (2) had not previously asserted her Irish citizenship in a practical way, e.g. by holding an Irish passport. The court held that EU free movement law did not apply to her or her family.

In their conclusion, the court limits the judgement to somebody:

“who has never exercised his right of free movement,

who has always resided in a Member State of which he is a national and

who is also a national of another Member State”

These three careful qualifications of the ECJ judgement are entirely missing from these new UK regulations.

UKBA has taken an extremely broad interpretation of the judgement!

Does it matter?

[Jambo]

If you are also British, then you are only British!

UKBA’s new EEA regulations (The Immigration (European Economic Area) (Amendment) Regulations 2012) state that when an EEA national is also British, then the EEA free movement regulations do not apply to them:

“EEA national” means a national of an EEA State who is not also a United Kingdom national. (regulation 2, as amended)

This amendment of the definition of an EEA national reflects the ECJ’s judgment in the case of C-434/09 Shirley McCarthy v Secretary of State for the Home Department. (from the Explanatory Note at the bottom)“

Ms. McCarthy, in case C-434/09, was (1) not working or otherwise exercising any treaty rights and (2) had not previously asserted her Irish citizenship in a practical way, e.g. by holding an Irish passport. The court held that EU free movement law did not apply to her or her family.

In their conclusion, the court limits the judgement to somebody:

“who has never exercised his right of free movement,

who has always resided in a Member State of which he is a national and

who is also a national of another Member State”

These three careful qualifications of the ECJ judgement are entirely missing from these new UK regulations.

UKBA has taken an extremely broad interpretation of the judgement!

Does it matter?

You can just refer to the text instead of copying it.

It doesn't matter as your wife was under the regulations before the July 2012 changes and so she is not affected by them.

[wiz]

Her employment is irrelevant. She depends on you exercising treaty rights for 5 continuous years / holding PR/ILR. If you did so, then she has already PR and can apply now (as a spouse of BC) assuming she meets the requirements (including English language). She doesn't need to apply for PR Confirmation using form EEA4.

See also Applying on grounds of Automatic permanent residence.

Jambo

Just to let you know, wife has been Naturalised, and had the ceremony on the 20 March and now we are waiting for her Passport......

Thank you for your help and great Advice.