Citizenship for spouse of a British citizen, on an EEA2

[Maryam01]

Hi all,

I have a rather odd visa/PR case. I would appreciate your comments and ideas.

My husband, a British citizen, and I married in 2002 in a non-EU country and have lived together since. We moved to the Netherlands in 2007 and to the UK in 2010 when I entered the country on an EEA FP Entry clearance. A few months later, I applied for the "Family of a settled person Visa".

Although my husband is a British citizen by birth, he hadn't lived in the UK in his adulthood, hadn't paid tax, and hadn't had an NI number at the time. My visa application was rejected on the ground that enough evidence that he was settled in the UK hadn't been provided. So I applied for an EEA2 visa which was granted in July 2011 and we have lived and worked in the UK since.

I think the following paragraph from this document is the one that applies to me: https://www.gov.uk/government/uploads/s ... c_2014.pdf

"This section covers you if the country to which you belong is part of the European Economic Area or Switzerland. New immigration regulations came into force on 30 April 2006. If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006, and therefore will not have to apply for indefinite leave to remain. But remember that, unless married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply."

Is that so? Will I automatically have permanent residence status after 5 years and can immediately apply for naturalisation? Also, do you have any idea when the 5 years period started in my case? OCT 2010 (when I entered the UK and have always had a valid visa – of different types - since) or JUL 2011 (when my EEA2 visa was granted)?

[milan69]

You can have PR status after exercising EEA free movement rights in the UK for period of 5 years.
If you are married to BC, have PR and have been living in UK for the last 3 years you can apply for naturalisation.

[obulorgeorge]

EEA FAMILY MEMBER APPLICATION FOR NATURILISATION



HELLO EVERYONE 

I AM A FAMILY MEMBER OF AN EEA NATIONAL FOR MANY YEARS AND I WANT TO APPLY FOR NATURILISATION.

I WAS ISSUED WITH A RESIDENT CARD JANUARY 2008
IT EXPIRED DECEMBER 2012 
I WOULD LIKE TO APPLY FOR PR BUT MY WIFE WHO IS THE EEA NATIONAL DID NOT COMPLETE HER TREATY RIGHTS FOR 5 YEARS 
DUE TO FAMILY RESPONSIBILITIES LIKE BRING UP 4 CHILDREN.

BUT I HAVE BEEN WORKING FOR THE LAST 7 GOING TO 8 YEARS NOW AND HAVE EXCEEDED THE 6 YEAR THAT IS THE REQUIREMENT FOR EEA NATIONALS OR FAMILY MEMBERS TO MEET BEFORE QUALIFING FOR NATURILISATION.

I WILL JUST LIKE TO KNOW IF I CAN REALLY APPLY FOR NATURILISATION ON MY OWN RIGHT AFTER LEGAL RESIDENCE FOR MORE THAN 6 YEARS WITHOUT THE MY EEA NATIONAL.

[milan69]

I have insufficient knowledge regarding this matter but my opinion is that you as non-EEA national family member are deriving your rights from the EEA national meaning if your spouse has not been exercising her treaty rights for 5 years than you might not be eligible for automatic PR status after 6 years which would allow you to apply for naturalisation.

Would like to see what other members think.

[Jambo]

EEA FAMILY MEMBER APPLICATION FOR NATURILISATION



HELLO EVERYONE 

I AM A FAMILY MEMBER OF AN EEA NATIONAL FOR MANY YEARS AND I WANT TO APPLY FOR NATURILISATION.

I WAS ISSUED WITH A RESIDENT CARD JANUARY 2008
IT EXPIRED DECEMBER 2012 
I WOULD LIKE TO APPLY FOR PR BUT MY WIFE WHO IS THE EEA NATIONAL DID NOT COMPLETE HER TREATY RIGHTS FOR 5 YEARS 
DUE TO FAMILY RESPONSIBILITIES LIKE BRING UP 4 CHILDREN.

BUT I HAVE BEEN WORKING FOR THE LAST 7 GOING TO 8 YEARS NOW AND HAVE EXCEEDED THE 6 YEAR THAT IS THE REQUIREMENT FOR EEA NATIONALS OR FAMILY MEMBERS TO MEET BEFORE QUALIFING FOR NATURILISATION.

I WILL JUST LIKE TO KNOW IF I CAN REALLY APPLY FOR NATURILISATION ON MY OWN RIGHT AFTER LEGAL RESIDENCE FOR MORE THAN 6 YEARS WITHOUT THE MY EEA NATIONAL.

Have you held private health insurance for the whole family? Then you can apply based on your wife being self sufficient (on your earnings).

[Maryam01]

You can have PR status after exercising EEA free movement rights in the UK for period of 5 years.
If you are married to BC, have PR and have been living in UK for the last 3 years you can apply for naturalisation.

Many thanks for your reply.
So What is my next step after 5 years of being on EEA2 via? Should I apply for PR or I automatically get the PR status?
If so, does this mean I can apply directly for naturalisation after finishing EEA2 period?