Post
by chursy » Thu Jul 09, 2015 1:45 pm
Hi
I am a british citizen, my spouse is a Non Eu Spouse on resident card for 5 years through a the Suring Singh Route.
All i want to know is
a) How do i get the british passport for my wife? What do i need to do, apply for EEA 4 or apply for a BC/Naturalisation after 5 years given she is on the resident card and married to me ( Bc).
b) the FAQs under naturalisation states the following " unless married to a BC" what does this imply that the spouse can effectively apply for naturalisation after 5 years of the resident card that we have already given she is married to a BC (me)
The Naturalisation section says
Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?
Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.
You have two options:
1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.
If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.
There is a lot of information on this forum and i a little confused!
Thanks