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Can I apply for BC right after my dependant receives PR?

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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hforreal
Newly Registered
Posts: 10
Joined: Wed Jul 23, 2014 2:50 pm

Can I apply for BC right after my dependant receives PR?

Post by hforreal » Wed Jan 20, 2016 1:25 pm

Hi,

I have been reading through all the online document and discussion on this forum but haven't had a clear answer for my case. Please can someone with similar experience or with good knowledge advice if it is ok for me to filing for British Citizenship application? Below are the details.

I am a EEA national with Permanent Residence for more than 1 year. I understand that I am qualified to apply for BC as I have been excising the treaty through out and I have the PR for more than 1 year. I haven't done so because I was waiting for my daughter to apply for her Permanent Residence Card.

My daughter is non-eu national at age of 21 and will be 22 soon. She is a student and has been living in the UK for 5 years. We have sent out her application of PR last December once she hit her 5 year mark. Now we are waiting for her PR to arrive. She is the reason that I have not applied for BC as I wanted to support her PR with my EU status.

I believe I should be able to apply for BC once she gets her PR. My belief is she will no longer depend on me as a sponsor once she gets PR. She will eventually apply for BC after holding her PR for 1 year.

I do have slight concern if her PR will be revoked once I change from EU to BC although I don't believe so.

Can someone point me out with any EU law or clause to ensure my understanding is correct? Or do I need to wait for another year until she has her own PR for an entire year?

Many thanks in advance!

H

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can I apply for BC right after my dependant receives PR?

Post by noajthan » Wed Jan 20, 2016 1:47 pm

hforreal wrote:Hi,

I have been reading through all the online document and discussion on this forum but haven't had a clear answer for my case. Please can someone with similar experience or with good knowledge advice if it is ok for me to filing for British Citizenship application? Below are the details.

I am a EEA national with Permanent Residence for more than 1 year. I understand that I am qualified to apply for BC as I have been excising the treaty through out and I have the PR for more than 1 year. I haven't done so because I was waiting for my daughter to apply for her Permanent Residence Card.

My daughter is non-eu national at age of 21 and will be 22 soon. She is a student and has been living in the UK for 5 years. We have sent out her application of PR last December once she hit her 5 year mark. Now we are waiting for her PR to arrive. She is the reason that I have not applied for BC as I wanted to support her PR with my EU status.

I believe I should be able to apply for BC once she gets her PR. My belief is she will no longer depend on me as a sponsor once she gets PR. She will eventually apply for BC after holding her PR for 1 year.

I do have slight concern if her PR will be revoked once I change from EU to BC although I don't believe so.

Can someone point me out with any EU law or clause to ensure my understanding is correct? Or do I need to wait for another year until she has her own PR for an entire year?

Many thanks in advance!

H
Short answer: Yes.

Your understanding appears well-founded and seems to be 100% correct;
you have taken a very prudent course of action in maintaining your EEA status (in UK law) whilst your daughter's application is processed.

Once daughter has acquired PR & received her confirmation of PR card she is (in immigration terms) fully autonomous.

Once you apply to naturalise you will no longer be able to sponsor any other family members in UK (ie by applying EU rules) despite being a dual national as you will only be treated as a BC.
But once your daughter has her PR card her essentially settled status could only be revoked by a 2-year absence from UK (or except in extreme cases of public security & etc).

Ref: http://www.eearegulations.co.uk/Latest/ByPage/part4_20

& Regulation 15(2) here:
http://www.legislation.gov.uk/uksi/2006 ... 003_en.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

hforreal
Newly Registered
Posts: 10
Joined: Wed Jul 23, 2014 2:50 pm

Re: Can I apply for BC right after my dependant receives PR?

Post by hforreal » Wed Jan 20, 2016 2:35 pm

Hi noajthan,

Many thanks for the confirmation and the links. Really appreciated it.

I will start preparing my 'Life in the UK".

Have a nice day!

H

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