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I think the UKBA may request your residence card back. But you are right: even without the card, you continue to be covered by European law. So your EEA clock is still running, and if you switch back again, you will still get PR in 2012.ran wrote:1) If I switch over to HSMP, will my EEA residence card still be valid? A supplementary query would be if in the future I want to go back to EEA route will I have to apply for EEA card again?
Good question. I guess you have to pick one or the other, so no.3) Associated with the above question - would all my EEA rights uphold even if I am on HSMP e.g retained rigths of residence in case of divorce/death, easier EU travel amongst others?
So do you mean that someone under EEA rules, will have to live 5 years in the UK and then will get permanent residence, and then wait more 6-8 years to get citizenship? So it gives a total of 11 to 13 years for a EU and non-EEA family member to get citizenship then!So after 5 years to PR, you may still have to wait another 6-8 years for citizenship.
No quite... under the proposed changes the path to BC will be a three-step process:You should also look at the changes happening in nationality law. Of course the details are still being worked on, but it sounds like the EEA route may not lead to probationary citizenship. So after 5 years to PR, you may still have to wait another 6-8 years for citizenship.
I guess we have to see, but I was expecting that PR under EU law would be interpreted as PR under UK law - leading to the stated further 6-8 years. (The PR office is certainly effective, always keeping the topic in the news, never releasing any hard facts...)Plum70 wrote:The UKBA has stated in it's green paper that EEA nationals will not be affected by these changes. Therefore if under EU Law a EU/EEA/Swiss national (and their non-EEA family member) automatically attains permanent residence after 5 years of continuous and lawful residence in the UK, based on the list above would this not already supersede probationary citizenship? I am inclined to think it would.
Permanent residence is directly proportional to Indefinite Leave to Remain and I don't see that a demarcation can be placed between them.I guess we have to see, but I was expecting that PR under EU law would be interpreted as PR under UK law - leading to the stated further 6-8 years.
I agree with the first part, but one of the changes in the new system is that Permanent Residence will not lead to citizenship quickly - you have to have that status for 6-8 years. The fast way to citizenship is via probationary citizenship (1-3 years), with the disadvantage that you get kicked out if you do not meet the criteria. Now obviously you cannot do that with European citizens, so I wonder whether probationary citizenship is available to them at all.Plum70 wrote:Permanent residence is directly proportional to Indefinite Leave to Remain and I don't see that a demarcation can be placed between them.
Therefore despite the imminent changes I think that the EU route will still allow for a smooth transition from permanent residence to British Citizenship for anyone who so desires to make that leap.
I agree that you may be right there, but I would be careful about the assumption. If this is important for you, you may want to ask a solicitor, although even then the question may remain unanswered. As for free travel across Europe, that would depend on whether you have to hand in your residence card. I guess you may get to keep it, but you cannot apply for a new one.ran wrote:I mean in the event of death and divorce (god forbid!!) why do u think it would not hold provided the conditions of those policies are met.
The requirements for BC are certainly a lot higher, for example they also include the "good character" condition. PR should be a feasible option, but there are still a number of requirements, and since the Home Office is trying to discourage immigrants from going for PR, I would not be surprised if the requirements go up.Also I was very interested in the discussion about PR through EEA route and other routes. One thing which I found surprising is that on prob residence one can be ousted from UK if he/she doesn't meet the criteria in a set period of time. As far as I have seen on the green/white papers and details on HO, the prob period can last from 1 - 5 years (although the calculation of years is very vague at this stage) and as long as a person -
1) has no criminal activity
2) doesn't resort to any benefits
3) has active input into community service
they will be eligible for british citizenship or PR whichever they prefer.
We will need to see the legislation to be sure. It will all depend on the wording.thsths wrote:I agree with the first part, but one of the changes in the new system is that Permanent Residence will not lead to citizenship quickly - you have to have that status for 6-8 years. The fast way to citizenship is via probationary citizenship (1-3 years), with the disadvantage that you get kicked out if you do not meet the criteria. Now obviously you cannot do that with European citizens, so I wonder whether probationary citizenship is available to them at all.
I hope that we will get some news on this soon, but personally I am rather pessimistic about this.