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Been in UK 15+ As EU. Now married. can apply ASAP?
Posted: Tue Jul 05, 2016 10:18 am
by Sometimesmila
Hi
I've been in the UK since 1999. As resident. Even in social care since 12. As an EU.
My sister obtained her passport. I never saw the need.
But now, for obvious recent political reasons I do, and luckily I've recently got married a few months ago.
My question is...can I apply straight away?
Since I've been here for long enough and am now married.
Or do I have to wait 3 years to apply as a spouse?
Re: Been in UK 15+ Now married.
Posted: Tue Jul 05, 2016 10:27 am
by Casa
Firstly, you need to apply for confirmation of Permanent Residence (PR).
Re: Been in UK 15+ As EU. Now married. can apply ASAP?
Posted: Tue Jul 05, 2016 1:40 pm
by ohara
You need to give way more information.
Is your sister also an EU citizen?
What passport did she get? British? If so, how?
What are you looking to apply for? Naturalisation?
Is your wife a British citizen?
Re: Been in UK 15+ As EU. Now married. can apply ASAP?
Posted: Thu Jul 07, 2016 11:58 am
by Sometimesmila
ohara wrote:You need to give way more information.
Is your sister also an EU citizen?
What passport did she get? British? If so, how?
What are you looking to apply for? Naturalisation?
Is your wife a British citizen?
Yes. My sister has the exact circumstance as myself. 15+. Care. Etc. Short of marriage.
She did at the time of her application have her second child. Another EU citizen.
Her and myself hold Italian passports.
Given she's already gotten hers. I don't see how I would not have the same entitlement. As far as I am informed I can apply straight away as I meet all requirements.
I never saw the need to apply before as an EU, but due to recent events I feel it's best I do as my only family in this world is her and her kids. I want to leave nothing to chance since life is unpredictable.
To define my question, I wanted to ask if it's faster and easier to apply as a wife of a britsh? And can I firego the 3 years requirements.
Re: Been in UK 15+ As EU. Now married. can apply ASAP?
Posted: Thu Jul 07, 2016 12:11 pm
by noajthan
You are not British yet.
If applying as a British spouse you need to be on the UK migration route with a UK visa - do you have ILR?
If not on UK migration route you need to obtain DCPR on the EU migration route first.
How have you been exercising treaty rights?
Have you applied for DCPR?
Re: Been in UK 15+ As EU. Now married. can apply ASAP?
Posted: Thu Jul 07, 2016 2:16 pm
by ohara
Your post is still confusing.
Is your sister a British citizen? Is she married to a British citizen?
Are you married to a British citizen?
You need to be settled in the UK (for EEA citizens this usually means having permanent residence) and possess a document which confirms settled status (again, for EEA citizens this is usually a document certifying permanent residence).
The difference between being married to a British citizen or not is that if you are, you don't have to wait for 12 months after becoming settled before you can apply to naturalise - you can do it immediately instead.
The "3 years requirement" which you have misinterpreted is only relating to the allowed absences. You still normally need to have been in the UK for 5 years in order to be settled etc.