Applying for British Citizenship

[fmdddv]

Hi all,

I started a new topic as I could not find the answer to my question. My apologies if it has already been covered.

Is an EEA family member in breach of immigration law if there is a gap between the validity of their Resident Permit and their Biometric Residence Card?

Resident Permit valid from 2011 to 2016
BRC valid from 2018 to 2023

There are 22 months when the EEA family member did not renew for a document validating their status in the UK. However, their spouse, an EEA national was exercising treaty right in the UK.

They now have EUSS IRL and are wanting to apply for British citizenship, will this be a problem and should they wait to apply in 2023?

Thank you.

[alterhase58]

Don't think this is an issue - Permanen Residence/ILR is by it's nature permanent (with some conditions). The dates on the card relate to the validity of the card.

[kamoe]

There are 22 months when the non-EEA family member did not renew for a document validating their status in the UK. However, their spouse, an EEA national was exercising treaty right in the UK.

Given that those 22 months happened between 2016 and 2018, when the UK was still a member of the EU, then by disposition of EU law, the EEA family member had the legal right to live and work in the UK whilst their EU family member exercised treaty rights. No documents necessary. Therefore, there isn't any gap of legal stay (otherwise the non-EEA family member would not have obtained ILR in the first place).

[fmdddv]

Thank you both.

Can they use their BRC as proof of identity (This was used for their EUSS IRL application)?

[alterhase58]

Thank you both.

Can they use their BRC as proof of identity (This was used for their EUSS IRL application)?

Proof of identity for naturalisation is your passport.