EEA Permanent Residency vs Naturalisation as a Brit Citizen

[wing_wing1]

Hi everyone,

I am a Portuguese citizen since birth. Me and my family moved and settled down in the UK since November 2000. Since then I have completed my GCSEs, A-Levels and my undergraduate degree in UK, and have been working in UK since 2007. I have finally applied my permanent residency last year and I have received this permanent residency status in January 2009.

My mum has been pressing me to apply for British citizenship. However I am having second thoughts as the cost of the application is so high (£720 per application! OMG!) and I don't know what are the differences between Permanent Residency and the Naturalisation laws in UK, eg. welfare benefits, rights of my children (if I am going to have any children in the future whilst living in UK). Say, for example, if UK is to leave EEA in the future, will it affect my residential status as well if I haven't applied for the naturalisation as a British Citizen?

Would be a great help if anyone can let me know of the differences....

[Ben]

Hi wing_wing1,

Having Permanent Residence status, in accordance with the EEA regs, is equal to having Indefinite Leave to Remain, and accordance with the UK immigration rules.

Both of these provide rights equal to that of a British Citizen, for most purposes, in the UK.

If you have children born in the UK, they will be British Citizens otherwise than by descent (able to transmit British citizenship to their own children). Your UK-born children may also be Portuguese Citizens by descent, depending on Portuguese nationality law.

Note - you will lose your PR status if you spend over 2 years, consecutively, outside of the UK. If this happens, as a Portuguese citizen, your right to reside in the UK (from 3 months after returning from a 2 year+ absence) is dependant on you exercising a Treaty Right in the UK (being employed, being self-employed, being a student, or being self-sufficient).

[JAJ]

Discussion at:
http://britishexpats.com/wiki/Acquiring ... itizenship

[wing_wing1]

thanks everyone for the reply! what about if i am getting married to someone who is currently residing outside UK and is not an EEA national? what sort of procedure do i have to go through? i'm still a bit confused with the whole EEA/UK nationality application procedures....

[Eric-Poole]

If you get married to non-EU citizen, your spouse will be entitled to residency under family member of EEA citizen. You will have to complete a EEA2 form, which will give your spouse 5 years residency. After then you can apply for Permanent Residency (EEA4).

Both the EEA2 and EEA4 process are very lenghty often going over the 6 month timeframe set-up under EU law.

I hope this helps. Cheers.

Eric
http://petitions.number10.gov.uk/EEA4-Residency/

[shasri]

If you get married to non-EU citizen, your spouse will be entitled to residency under family member of EEA citizen. You will have to complete a EEA2 form, which will give your spouse 5 years residency. After then you can apply for Permanent Residency (EEA4).

Both the EEA2 and EEA4 process are very lenghty often going over the 6 month timeframe set-up under EU law.

I hope this helps. Cheers.

Eric
http://petitions.number10.gov.uk/EEA4-Residency/

Eric, can I ask when the clock starts running for a non-EEA spouse of an EU national in the UK to get PermRes? I haven't applied yet for EEA2 (have a student visa), but would be interested in PermRes and even in naturalising as a British Citizen in the future. How would I do it?

Thanks very much for your help.

[Plum70]

thanks everyone for the reply! what about if i am getting married to someone who is currently residing outside UK and is not an EEA national? what sort of procedure do i have to go through? i'm still a bit confused with the whole EEA/UK nationality application procedures....

Under EU law: After marriage (outside of the UK) you would need to apply to the relevant BHC for a EEA Family permit (valid for 6 months) to bring your spouse to the UK. Once here, your spouse can apply to the UK Home Office for confirmation of residence using form EEA2. The residence card will be valid for 5 years.

Current processing delays at the Home Office mean that EEA2 applications, on average, are taking btwn 6 - 12 months to be concluded.

[Eric-Poole]

Eric, can I ask when the clock starts running for a non-EEA spouse of an EU national in the UK to get PermRes? I haven't applied yet for EEA2 (have a student visa), but would be interested in PermRes and even in naturalising as a British Citizen in the future. How would I do it?

You need to apply to EEA2 first. This will give you 5 years initial residency.

After this you can apply for Permanent Residency through EEA4. Although it says "Permanent" the validity of the Residency Card/Stamp will be 10 years.

Regards. Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/