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Married to eu national who is british citizen

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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hopehan
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Posts: 5
Joined: Wed Dec 05, 2007 9:59 am

Married to eu national who is british citizen

Post by hopehan » Wed Dec 05, 2007 12:47 pm

My husband is eu national and permernant resident in uk and have right of aboad in uk.I hold 6months fiance visa to enter uk.and married in uk after 3months i got uk .now holding a eu family member residence visa which is 5years.

The same month we got married,my husband naturalized as british citizen.

I m just confused about the different informations about ILR and naturalisation of uk from website ,HO,or citizen advice burea.
HO said after 5years residence in uk,i can apply naturalization directly without ILR.
Citizen advice burea said i can apply after 3years being married with eu national who is also british citizen.

And i m wondering which one to follow.and when i should apply ILR or Naturalization.

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Married to eu national who is british citizen

Post by vinny » Wed Dec 05, 2007 2:01 pm

See also BN7 - Naturalisation as a British citizen (B. Requirements for a person applying as the husband, wife or civil partner of a British citizen)

They may both be correct, depending on how 7b is satisfied.

Permanent right of residence may be achieved after 5 years so 7b may be satisfied for in-country applications from then.

However, 7b is also satisfied when the applicant is outside the UK, so applications submitted to a British post may be possible after 3 years (ppron method).
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.

hopehan
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2007 9:59 am

Post by hopehan » Wed Dec 05, 2007 2:39 pm

Thank you for your reply .its helpful.i ve read all these on internet before .i think i comply with those items .but i m confused that its common known that i need have got ILR for one year before i can aplly for naturalization.and it state in the webpage you showed to me that

' If you are a family member of an EEA national, you may meet the "no time limit" requirement in your own right. If you do not, your position will depend on whether the EEA national has permanent residence or is otherwise free of immigration restrictions.'

what means 'no time limit' ,is that mean i m entitled to apply naturalization without ILR?

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Married to eu national who is british citizen

Post by vinny » Thu Dec 06, 2007 1:16 am

Both permanent residency and ILR meet the "no time limit" requirement.

However, if you are not married to a UK citizen then you have got satisfy 3d, i.e. meet with the "no time limit" requirement for at least a year.
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.

hopehan
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2007 9:59 am

Post by hopehan » Thu Dec 06, 2007 9:57 am

Iknow if i married with a uk citizen only,the visa i m holding now should be 2years not 5years exercising the treaty right as eu family member.and i have to get IRL before i aplly naturalization.

Maybe because i enter uk as fiance of eu natinal and become eu family member .No matter my husband become british citizen later or not it wont change my immigration statures.

Well still confusing about all these.

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