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What is my best route towards citizenship, multiple visas

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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

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julianwood
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Joined: Sat Nov 27, 2010 6:31 pm

What is my best route towards citizenship, multiple visas

Post by julianwood » Sun May 08, 2011 4:19 pm

I am a South African passport holder trying to work out the best path for me to achieve UK citizenship.

I arrived initially in the UK on 07/04/2000 on a 2 year Working Holiday Visa
I met my now wife in 2000, who is French having lived and worked in the UK since 1998
I changed to a Work Permit which was granted for 24 months. I started this on 17/01/2002.
My Work Permit was extended for 48 months until 17/01/2008.
We then went on a round the world trip from 22/08/2004 and returned on 06/12/2005 with 2 transfer stops (01/2004 and 08/2004) through the UK during this time so in effect "reset" the clock in terms of residency requirements as we would have spent an extended time out of the UK
We were married in France on 13/07/2007.
I applied for an "EEA2" residence card on 29/11/2007 and received the new visa dated 25/07/2008 valid until 25/07/2013.

My question is how do I progress towards citizenship via FLR/PR?
I have now been living in the UK since returning from traveling and continuing my work permit for over 5 years however have been married for 3 years 10 months and have had Residence Card for 2 years 9 months.

I understand I do not actually have to apply for PR if I remain purely on the EU route as this would be automatic after 5 years (is this after marriage date 13/07/2012 or receiving the Residence Card 25/07/2013?) and then a year later can apply for citizenship but this is a long time to wait and I would really like to get a UK passport ASAP

My current 5 year status of living in the UK is a combination of both Work Permit and Residence Card so where to from here?

Do I need to get PR/ILR?
Can I apply for PR now using EEA4 (6 months application time) or can I apply for ILR which is a much quicker process.

Is citizenship then 12 months from when I receive PR/ILR?

John
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Post by John » Sun May 08, 2011 5:15 pm

Do I need to get PR/ILR?
Yes!
Can I apply for PR now using EEA4 (6 months application time) or can I apply for ILR which is a much quicker process.
You have clearly switched to the EEA route so cannot possibly apply for ILR. When can you apply for PR? That is not totally clear. You tell us that you married in France on 13.07.07, but after that, when did you come back to the UK to exercise Treaty Rights? Possibly a couple of weeks later? Your application form EEA2 submitted on 29.11.07 determines nothing, nor does the date you actually got your RC.

A form EEA4 can be submitted shortly before your 5 years exercising Treaty Rights are up.
Is citizenship then 12 months from when I receive PR/ILR?
The short answer is "Yes", but there are of course other tests, for example, the need to have been physically in the UK exactly 5 years before UKBA receive the form AN. Also the "good character" requirement! I am not suggesting you wouldn't anyway but be good and .... drive carefully! Indeed don't commit any criminal offences! A fine would disqualify you for 5 years!
John

julianwood
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Posts: 12
Joined: Sat Nov 27, 2010 6:31 pm

Post by julianwood » Sun May 08, 2011 5:33 pm

Thanks for the quick response John.

We have both been working full time in the UK since 02/2006 after returning from traveling.

We took two weeks off work for our wedding.

If I can only use the EEA4 route, does the 5 year timer start when I returned to the UK after our wedding, which in effect does not take onto account any time spent in the UK beforehand, or does the 5 year timer start in 02/2006 while I was on my Work Permit and my now wife exercised Treaty Rights again.

geriatrix
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Post by geriatrix » Sun May 08, 2011 9:59 pm

julianwood wrote:If I can only use the EEA4 route, does the 5 year timer start when I returned to the UK after our wedding, which in effect does not take onto account any time spent in the UK beforehand, or does the 5 year timer start in 02/2006 while I was on my Work Permit and my now wife exercised Treaty Rights again.
The former.
Life isn't fair, but you can be!

julianwood
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Posts: 12
Joined: Sat Nov 27, 2010 6:31 pm

Post by julianwood » Mon May 09, 2011 7:33 pm

So even though my now wife has been exercising treaty rights in the UK for more than 5 years and I have been resident in the UK for more than 5 years I cannot apply for PR using EEA4 route until 5 years after we returned to the UK after getting married, so in another 2 years +-3 months in my case?

This seems a little strange.

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