Unmarried Partner -> UK Citizenship

[siriusrye]

Hi all, hoping someone can help me here

My pathway to naturalisation has been a somewhat drawn out one.

I am Canadian and arrived the UK in January 2006 on a student visa, which covered my time at university up until 2010. I then applied for a post study work visa, which I got and was valid from 2010 to 2012.

In 2012 my employer applied for a work permit on my behalf, which was granted for an initial three year window (2012 - 2015)

I met my partner whilst at university. She is from Germany, and we've been together since 2008 - but it was not until late 2014, while thinking about the impact switching jobs would have on my work permit, that we learnt about the EEA unmarried partner visa. I applied in Feb 2015 and received my permit in May 2015. The application was for an EEA4 permit, and reads: "Residence Card of the Family Member of an EEA National", on the endorsement.

Earlier this month, I applied for ILR based on 10 year long residence (in person) - which was also approved, and I was obviously very happy to hit this milestone, until I was told by a friend that I would have qualified for naturalisation by May 2016 anyway with just the EEA4 permit - and in the process saved myself the ILR application fee!

I'd like to know if this is true, and if having ILR cancels my EEA permit (which is still in my passport), and when I would be able to apply for naturalisation at the earliest now.

Appreciate all your help, and thanks for taking the time to read through all of this!

p.s
It's worth noting that I have not had any significant absences from the UK (50-90 days max) and no other adverse records to note

[CR001]

ILR supercedes your previous visa/permit.

You will have to wait 12 months on ILR before you can apply for citizenship.

[noajthan]

Hi all, hoping someone can help me here

My pathway to naturalisation has been a somewhat drawn out one.

I am Canadian and arrived the UK in January 2006 on a student visa, which covered my time at university up until 2010. I then applied for a post study work visa, which I got and was valid from 2010 to 2012.

In 2012 my employer applied for a work permit on my behalf, which was granted for an initial three year window (2012 - 2015)

I met my partner whilst at university. She is from Germany, and we've been together since 2008 - but it was not until late 2014, while thinking about the impact switching jobs would have on my work permit, that we learnt about the EEA unmarried partner visa. I applied in Feb 2015 and received my permit in May 2015. The application was for an EEA4 permit, and reads: "Residence Card of the Family Member of an EEA National", on the endorsement.

Earlier this month, I applied for ILR based on 10 year long residence (in person) - which was also approved, and I was obviously very happy to hit this milestone, until I was told by a friend that I would have qualified for naturalisation by May 2016 anyway with just the EEA4 permit - and in the process saved myself the ILR application fee!

I'd like to know if this is true, and if having ILR cancels my EEA permit (which is still in my passport), and when I would be able to apply for naturalisation at the earliest now.

Appreciate all your help, and thanks for taking the time to read through all of this!

p.s
It's worth noting that I have not had any significant absences from the UK (50-90 days max) and no other adverse records to note

Interesting case.
Not sure if having ILR stops you switching 'to the dark side'.
You will have to dig into that but, assuming it doesn't, here goes ...

If your EEA sponsor has been exercising treaty rights (or has PR) then you would just need to have resided in UK for the same 5 years period.
(What you were doing in UK is actually immaterial, from an EU immigration point of view).
So you may well have acquired PR automatically already.

It is now a mandatory requirement for those on the EU route to have a confirmation of PR card before applying for citizenship.

So if you have acquired PR by early 2015 you would be able to shoot for privilege of citizenship sometime now.

Note its not about the dates on your RC - that just reflects when you got it.

Being together since 2008 means proof of a durable relationship 'akin to marriage' potentially by 2010;
Then 5 years of treaty rights (courtesy of sponsor/partner) means you (both) could/should have acquired PR by 2015.

You just need to be able to submit adequate documentary supporting evidence of all this.

Or just hold your ILR 12 months & you will be in same position to apply to naturalise!
That is assuming, in both cases, you have met or can meet all other requirements for citizenship.

Note the rules on absences are different for EU PR & for citizenship but it sounds like you are in the clear on both counts.
(The EU rules on absences also apply to your EEA national sponsor of course).

[siriusrye]

Thank you so much! Fairly thorough answer to my question.

One more thing, you say confirmation of PR is now mandatory, does my EEA4 residence card count? I see references to an EEA(PR) card online, not sure if this is a different endorsement or not.

Finally, I can confirm that the residence requirement has been met by both myself and my partner. And we have documentation going back to 2008.

[noajthan]

Thank you so much! Fairly thorough answer to my question.

One more thing, you say confirmation of PR is now mandatory, does my EEA4 residence card count? I see references to an EEA(PR) card online, not sure if this is a different endorsement or not.

Finally, I can confirm that the residence requirement has been met by both myself and my partner. And we have documentation going back to 2008.

Just checked, I think EEA4 is an old name for 'PR card'.
I think EEA2 is the RC.

If it is not a residence card (RC) & is indeed a PR card (for confirmation of PR) then you have your 'confirmation of PR' card already.

It appears you have 2 proofs of your settled status: ILR & PR.
(many posters post here because they have troubles getting any settled status at all!).

As you are not spouse of a BC, once you have held settled status for 12 months you can potentially apply to naturalise.

If the PR card gets you there earliest then that should be acceptable.