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Advice for PR and British citizenship

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Advice for PR and British citizenship

Post by jorge » Thu Mar 26, 2015 3:31 pm

Hi,

My wife is EU citizen but two years ago she got her British citizen after having her PR for a year.
I do have at moment a RC of EU family member (as spouse). My Residence card will expire next year in March, but I will complete five years in UK in December.

1- Can i apply for PR in December because that when I will complete my five years in UK? Or should I wait until March 2016 when my RC is expired to apply for PR?

2-My wife is dual national now because she got a British citizenship. Can I apply for British citizenship instead of PR when I complete my five years in December? Despite I am holding a RC of EU family member(Spouse)

Thanks in advance

SouthWest1
Member
Posts: 198
Joined: Mon Jul 22, 2013 9:01 pm

Re: Advice for PR and British citizenship

Post by SouthWest1 » Thu Mar 26, 2015 8:39 pm

jorge wrote:Hi,

My wife is EU citizen but two years ago she got her British citizen after having her PR for a year.
I do have at moment a RC of EU family member (as spouse). My Residence card will expire next year in March, but I will complete five years in UK in December.

1- Can i apply for PR in December because that when I will complete my five years in UK? Or should I wait until March 2016 when my RC is expired to apply for PR?
in December. you do not have to wait until the expiry date of your RC

2-My wife is dual national now because she got a British citizenship. Can I apply for British citizenship instead of PR when I complete my five years in December? Despite I am holding a RC of EU family member(Spouse)
you can do that but you will have to submit evidence of your wife's teatry rights up until she acquired her PR.

Most memebrs and moderators from what I gathered here will advice to apply first for PR. its safer and only £55 in comparison to a naturalisation application. Once PR is granted, you do not have to wait for 12 months,you can apply on the next day if you wish ( you also need to satisfy the critria for BC: LIUK, language, .....etc)

Thanks in advance

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Fri Mar 27, 2015 1:26 pm

Thank you for reply.

I would like if you can clarify me or any members about theses points.

1-Because my wife had her EU PR two years ago. Then if I do apply for PR ( as spouse) should I just submit evidence of my wife's teatry rights up until she acquired her PR? Such as return of self employment form, National assurance payments etc of 3 years only?

2-Or I need to submit evidence of her treaty rights up for five years for my PR?

3-I thought if I got PR I must wait for one year before I can apply for Naturalisation? But you say no. Because wife now has also British citizenship? Please if you can give more information about it.

4-Please if you can show any immigration legislation that back up your answers. I just want to make sure that I am getting right information. Because HO is very complicate these days

Thanks in advance

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: Advice for PR and British citizenship

Post by vinny » Fri Mar 27, 2015 1:37 pm

If EEA wife was successful in applying for British citizenship, then it should be evident that she had acquired PR at least a year beforehand?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Fri Mar 27, 2015 1:49 pm

Thanks Vinny for your reply.

Yes my wife still has her PR Card at home.

If you can please can you read the beginning of my subjects then maybe you can help me with more informations.

Thanks in advance

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Fri Mar 27, 2015 3:11 pm

jorge wrote:Thank you for reply.

I would like if you can clarify me or any members about theses points.

1-Because my wife had her EU PR two years ago. Then if I do apply for PR ( as spouse) should I just submit evidence of my wife's teatry rights up until she acquired her PR? Such as return of self employment form, National assurance payments etc of 3 years only?

**** You do not have to apply for PR as you acquire this automatically after 5 years of marriage, NOT after acquiring Residence Card. What I did in my case was to apply for naturalisation a week after I completed 5 years of marriage with my wife. I did not apply for PR. I submitted her PR card as evidence of me achieving/acquiring PR. I was granted naturalisation without them requesting for further evidence.

2-Or I need to submit evidence of her treaty rights up for five years for my PR?

***** If you do want to apply for PR, then send her PR card is evidence of her treaty right. No need to send payslips and the rest as they already have these from when she applied for her PR.

3-I thought if I got PR I must wait for one year before I can apply for Naturalisation? But you say no. Because wife now has also British citizenship? Please if you can give more information about it.

****You do not need to wait for one year if your spouse has already aqcuired BC nationality. You can apply for BC a day after acquiring naturalisation if your spouse is already British.

4-Please if you can show any immigration legislation that back up your answers. I just want to make sure that I am getting right information. Because HO is very complicate these days.

****** Have a look at the AN application form guidance .

Hope this helps.

Thanks in advance

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Sat Mar 28, 2015 1:37 pm

Thanks James for your information.

1 -Please could you let me know which year that you applied for your naturalisation?

2- which documents did you submit for your naturalisation?


Thanks in advance

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Sat Mar 28, 2015 5:48 pm

jorge wrote:Thanks James for your information.

1 -Please could you let me know which year that you applied for your naturalisation?

2- which documents did you submit for your naturalisation?


Thanks in advance
Apart from completing the form, I submitted my wife's PR form, her passport, my passport, life in the UK certificate,
ielts, her naturalization certificate.
I applied on 22nd January 2015 and got my approval on 6th of March.

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Sun Mar 29, 2015 9:43 am

And of course, don't forget the marriage certificate.

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Sun Mar 29, 2015 5:22 pm

Thanks James.
Did you submit any working evidences or self employe of your wife or your?

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Sun Mar 29, 2015 7:48 pm

jorge wrote:Thanks James.
Did you submit any working evidences or self employe of your wife or your?

No, I didn't submit any for myself or my wife. I acquired PR through her and they already had her employment info when she applied. If they had asked, what people would submit would be 5 years P60.

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Mon Mar 30, 2015 4:13 pm

Thanks James.

what did you meant ? "I acquired PR throug her" .

1-Because I dont have PR but I got RC at momemt.

2- when it's good time to do the UK test?

I would like to apply for British citizenship because my wife is british citizen now then I don't want to waste my time to apply for PR. if i am qualify for british citizen than it's better it instead of PR.



Thanks in Advance

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Mon Mar 30, 2015 4:34 pm

jorge wrote:Thanks James.

what did you meant ? "I acquired PR through her" .

1-Because I dont have PR but I got RC at momemt.

2- when it's good time to do the UK test?

I would like to apply for British citizenship because my wife is british citizen now then I don't want to waste my time to apply for PR. if i am qualify for british citizen than it's better it instead of PR.



Thanks in Advance
1: You will acquire PR automatically after 5 years of marriage and you dont need to submit any document of yourself to prove you have PR but that of your wife, which is her PR. You do not need to apply for PR but if you check the AN form, there is a place where they ask when you acquired PR. So, you fill in the date just after 5 years of marriage. I hope this makes sense to you. If you haven't, I would suggest you have a look at the AN application form so you know what is required of you.

2: You can do the test anytime as it does not have an expiry date. I did mine just before my 5th wedding anniversary and they accepted it.

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Tue Mar 31, 2015 3:37 pm

I did check the AN application form and I saw the question about where they ask when you acquired PR.

in my case I am marrried for 6 years because I was not married in UK.

I Married in summer of 2009 in another EU country and I arrived in UK in december 2010 with clearence entry visa for EU family member still stamped in my current passport. But my wife was already living here about 4 years.

1- which date I would put in that part where they ask when you acquired PR? My Marriage date or the date that I arrived in UK?

Thanks in Advance

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Wed Apr 01, 2015 9:31 pm

jorge wrote:I did check the AN application form and I saw the question about where they ask when you acquired PR.

in my case I am marrried for 6 years because I was not married in UK.

I Married in summer of 2009 in another EU country and I arrived in UK in december 2010 with clearence entry visa for EU family member still stamped in my current passport. But my wife was already living here about 4 years.

1- which date I would put in that part where they ask when you acquired PR? My Marriage date or the date that I arrived in UK?

Thanks in Advance
I am not quite sure in your case and I presume the gurus will be able to throw some light to it. Can anyone help?

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Thu Apr 02, 2015 5:55 pm

Hi,
Can anybody us help in my case? who had some experience about it.

Thanks in advance

jamesjames
Newbie
Posts: 47
Joined: Tue Nov 04, 2014 1:59 pm

Re: Advice for PR and British citizenship

Post by jamesjames » Thu Apr 02, 2015 7:48 pm

jorge wrote:Hi,
Can anybody us help in my case? who had some experience about it.

Thanks in advance
See this link as it might help answer your question.
http://www.immigrationboards.com/eea-ro ... 83864.html

jorge
Junior Member
Posts: 63
Joined: Thu Jun 27, 2013 5:31 pm

Re: Advice for PR and British citizenship

Post by jorge » Fri Apr 03, 2015 11:32 am

Hi dear members,
could you help me to interpret this bit in Booklet AN. Because as an holder of RC of EU family member and now my wife is british citizen. I would like to apply for Naturalisation instead of PR after I complete my five years in UK.

1- which date I would put in that part where they ask when you acquired PR? My Marriage date or the date that I arrived in UK?


6. EUROPEAN ECONOMIC AREA NATIONALS AND SWISS NATIONALS

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.

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