Naturalization as a family member of an EEA national

[dima2012]

Hi there,

I am a Romanian citizen and I came to the UK in August 2010 as a housewife. I attend an ESOL course between 2011-2013. I have been working as an employee since February 2015.

My husband has been working as an employee since February 2009, both of us being registered with the Home Office, having the blue card as an employed and a dependent.

My husband is British citizen since 21 April 2015.

Can I apply on August 2015 as spouse of a British citizen?

Thank you

[dima2012]

Nobody answered to me ?

Sorry if I posted wrong I am new on the forum and I didn't know how to post

[geriatrix]

People will respond if and when they wish to!
Maybe the people who have read this topic till now (39 views) didn't know the answer ... like I don't.

Be patient ... and someone will surely come to your rescue.

[noajthan]

Hi there,

I am a Romanian citizen and I came to the UK in August 2010 as a housewife. I attend an ESOL course between 2011-2013. I have been working as an employee since February 2015.

My husband has been working as an employee since February 2009, both of us being registered with the Home Office, having the blue card as an employed and a dependent.

My husband is British citizen since 21 April 2015.

Can I apply on August 2015 as spouse of a British citizen?

Thank you

No, there is nothing wrong with your post. Welcome to the forum; there should be lots of people here who can help.

You have to be free of immigration time restrictions when you apply.
For an EEA national it means acquiring permanent residence after 5 years of exercising treaty rights.

As the spouse of a British citizen you can then apply to naturalise immediately (assuming all other requirements such as KOLL, character, absences from UK, etc) have been met;
(note: non-spouses from EEA would have to hold PR for a further 12 months before applying).

To acquire PR status you have to apply in a certain category, for example:
worker, job seeker, student, self-sufficient person (or a combination of these).

A student or self-sufficient person has to show they were not a burden on the UK NHS;
this can be demonstrated if the person had comprehensive health insurance (CSI) at the time (or, possibly, by holding an EHIC card).

If you claim time as a student or self-sufficient person and had such insurance cover in place you should be able to count your time in UK since late 2010.
Otherwise you need to count time in another category, for example as a worker (who does not need to hold CSI).

The forum has a FAQ here, (see Q5):
http://www.immigrationboards.com/britis ... 95747.html

The full details can be found here:
https://www.gov.uk/government/uploads/s ... n_2015.pdf

[noajthan]

dima,

What I don't know is if you can apply on the basis of being the spouse of someone who has exercised treaty rights (as a worker) from 2009, which covers the almost 5 years you have been in UK.
Then all the CSI nonsense goes away.

The question is what happens in the period since April this year when your husband became British - how is that treated by HO.
(It may help that you were working in your own right since just before that date).

You will have to wait for someone else to go into all that with you.
Good luck.

[dima2012]

Noajthan ,I don't have CSI because of that I thought I can apply on the basis of being the spouse of British citizen (he has exercised treaty rights).

I read on forum a post of someone with similar situation. The spouse never worked in UK, was housewife all the time and she apply and obtain the citizen after 5 years. But they are non_EEA. Do you know if the law is different for non EEA?

Thank you very much both of you.

[noajthan]

Noajthan ,I don't have CSI because of that I thought I can apply on the basis of being the spouse of British citizen (he has exercised treaty rights).

I read on forum a post of someone with similar situation. The spouse never worked in UK, was housewife all the time and she apply and obtain the citizen after 5 years. But they are non_EEA. Do you know if the law is different for non EEA?

Thank you very much both of you.

dima,
Yes, non-EEA people (such as my wife) are covered by UK immigration law;
my wife was in UK as a non-working homemaker then got ILR after some years, now naturalised.
EEA people are usually covered by EU regulations based on the EU treaties.

The PDF guide I linked above (Gov UK website) explains the 2 cases.

If applying as the EEA spouse of a BC you need 5 years of residency in UK to achieve PR;
(whether or not you actually apply for a confirmation of PR and get a PR card is optional & up to you).
Non-EEA people go via a different, ILR path of settlement and then naturalisation.

If you had been here in UK as a spouse of EEA national for 5 years and then your husband got BC it's more clear cut.
You could have instantly applied as spouse of BC after the 5 years residency and so achieving PR as the spouse of an EEA national who is working;
(no need to wait for a 6th year).

What I don't know is whether you can use the approx 4years and 7-8 months you have as the spouse of an EEA worker PLUS complete the remaining time in your own right as a worker.
Hopefully someone can contribute on that point.

[sylvia532]

My understanding is that as soon as one spouse becomes a British citizen the other spouse can apply on this basis. This means that only 3 years of residency are taken into consideration by the HO and the applicant doesn't have to wait 12 months after obtaining PR. Of course a marriage certificate needs to be provided as well aa the British spouse's naturalisation certificate number.

[secret.simon]

My understanding is that as soon as one spouse becomes a British citizen the other spouse can apply on this basis. This means that only 3 years of residency are taken into consideration by the HO and the applicant doesn't have to wait 12 months after obtaining PR. Of course a marriage certificate needs to be provided as well aa the British spouse's naturalisation certificate number.

Not completely correct.

Settlement (ILR/PR) is a requirement for naturalisation, including for spouses of British citizens.

ILR/PR currently require a minimum of 5 years residence in the UK and if the other spouse has not earned ILR/PR, they can not apply for citizenship on the basis of their spouse's citizenship.

The only difference of having a British spouse is that if your spouse is British, you can apply for naturalisation without waiting one year, whereas for people without a British spouse, they have to wait a year between IL/PR and British citizenship.

[noajthan]

My understanding is that as soon as one spouse becomes a British citizen the other spouse can apply on this basis. This means that only 3 years of residency are taken into consideration by the HO and the applicant doesn't have to wait 12 months after obtaining PR.
...

But the Gov UK booklet for naturalisation is quite clear:
https://www.gov.uk/government/uploads/s ... n_2015.pdf

See section 2:
An EEA national, who does not have ILR, needs to be free from immigration time rrstrictions & have been resident in UK for 5 years, even if married to a British citizen.

As spouse of BC, the applicant has to be free of immigration time restrictions on the day they apply (so, yes. no need for another 12 months of holding PR).

They also have to have been exercising treaty rights for 5 continuous years to be free of the immigration time restriction.
See section 4 of booklet.

Also see section 6 for EEA nationals - by exercising treaty rights & so qualifying for PR, ILR is not required.

[noajthan]

dima,

having the blue card as an employed and a dependent.

what is the blue card?
is it in your name?
is it a PR card?

[sylvia532]

My understanding is that as soon as one spouse becomes a British citizen the other spouse can apply on this basis. This means that only 3 years of residency are taken into consideration by the HO and the applicant doesn't have to wait 12 months after obtaining PR. Of course a marriage certificate needs to be provided as well aa the British spouse's naturalisation certificate number.

Not completely correct.

Settlement (ILR/PR) is a requirement for naturalisation, including for spouses of British citizens.

ILR/PR currently require a minimum of 5 years residence in the UK and if the other spouse has not earned ILR/PR, they can not apply for citizenship on the basis of their spouse's citizenship

The only difference of having a British spouse is that if your spouse is British, you can apply for naturalisation without waiting one year, whereas for people without a British spouse, they have to wait a year between IL/PR and British citizenship.

I'm sorry for causing confusion. I based my comment on someone else's case. The husband is a non-EU family member of EU national and obtained his PR sticker 2 years ago before his wife became a British citizen. The husband has had his PR for over a year now (more than 6 years of residency). They just applied for his naturalisation and were advised by a solicitor that 3 years proof of residency in a form of payslips is sufficient because his now married to a British citizen. They also covered only the past three years in the table with absenses. They were told that it is stated in the application that if an applicant is married to a British citizen, he only needs to show the last three years of residency. Do you think they were advised incorrectly?

[sylvia532]

https://www.gov.uk/becoming-a-british-c ... sh-citizen

I think this confirms what I said. It says that 3 years of residency is required from a person holding ILR or PR and married to a BC.

[dima2012]

dima,

having the blue card as an employed and a dependent.

what is the blue card?
is it in your name?
is it a PR card?

Noajthan,

The Blue Card is a work permit.

[dima2012]

If I will apply as spouse of British citizen have I fill 2.4. - 2.6. ?

[noajthan]

https://www.gov.uk/becoming-a-british-c ... sh-citizen

I think this confirms what I said. It says that 3 years of residency is required from a person holding ILR or PR and married to a BC.

Yes but for an EEA person to achieve PR they (sadly) require 5 years of treaty rights living in UK.
The PDF booklet explains it in detail.

(For a non-EEA person with ILR yes, agreed, it's 3 years - same as for my wife).

[noajthan]

If I will apply as spouse of British citizen have I fill 2.4. - 2.6. ?

2.4 & 2.5 yes as you are an EEA person.
2.6 is only for EEA A8 countries and the PDF booklet (section 6 - iii) shows Romania is not included in the list of A8 countries.

[noajthan]

dima,

having the blue card as an employed and a dependent.

what is the blue card?
is it in your name?
is it a PR card?

Noajthan,

The Blue Card is a work permit.

ok, so it is not a PR card.

As the EEA spouse of a BC you need to demonstrate (just) 5 years of residency in UK exercising treaty rights to achieve your PR.

I don't know whether you can use the approx 4 years and 7-8 months you have as the spouse of an EEA worker PLUS make up the required 5 years with the time this year working in your own right.

Hopefully someone will clarify that crucial detail.

[dima2012]

Even I started working in my own I am still the spouse of an EEA worker, right? I don't understand why should be a problem ....

[sylvia532]

https://www.gov.uk/becoming-a-british-c ... sh-citizen

I think this confirms what I said. It says that 3 years of residency is required from a person holding ILR or PR and married to a BC.

Yes but for an EEA person to achieve PR they (sadly) require 5 years of treaty rights living in UK.
The PDF booklet explains it in detail.

(For a non-EEA person with ILR yes, agreed, it's 3 years - same as for my wife).

I read it again and agree with you. This means that 5 years residency is necessary because that's how long it takes to acquire PR but those who hold PR and are married to BC are required to provide evidence of only 3 years residency. This is an important difference in some cases because EU nationals have to provide evidence proving that they were physically resident in the UK for 5 years before making the application. When I was applying for naturalisation it was an issue because HO only accepts payslips or letters from government institutions (no statements or bills!)and I didn't have any such evidence to cover the period when I wasn't working (I was pregnant and supported by my husband). So by applying as spouses of BCs EU nationals only are required to provide proof of residency for the last 3 years, not 5. I should add that I wasn't working after obtaining PR. Even tho I wasn't required to exercise treaty rights at that point, I was still expected to prove that I was physically in the UK. I had to obtain letters from hospital and my GP but was told that HO doesn't usually accept GP letters. Madness

[sylvia532]

I guess this is especially important in the case of nonEU spouses of EU nationals because they don't have to exercise treaty rights when applying for PR (and physical residency can be proven by providing statements or bills) but they have to provide payslips/letters from employers or university/college letters or letters from other government institutions to prove their physical presence in the UK when applying for naturalisation.

[dima2012]

If I will apply as spouse of British citizen have I fill 2.4. - 2.6. ?

2.4 & 2.5 yes as you are an EEA person.
2.6 is only for EEA A8 countries and the PDF booklet (section 6 - iii) shows Romania is not included in the list of A8 countries.

Still confused....

As spouse of BC:
1. At 2.4. what have to tick......"Are you an EEA national" or "Or a family member of an EEA national" ?

2. Next tabel: should be fill with my Treaty Rights?

[noajthan]

Even I started working in my own I am still the spouse of an EEA worker, right? I don't understand why should be a problem ....

dima,
here's the problem, it's in the European caseworker's guidance/instructions:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 47

EEA nationals who are also British citizens are not considered to be ‘EEA nationals’ for the purposes of the Immigration (European Economic Area) Regulations 2006 (‘the Regulations’) .

This applies whether or not the British citizen has always resided in the UK.

A family member of a dual EEA national and British citizen does not have a right of residence under the regulations on the basis of their relationship to the dual national.

I read that to mean: after the date your husband was naturalised (this year) the HO consider him to be 'only British' when they are applying the regulations.
Ofcourse in the real world he is still who he is & you are still married as before.

I think it means your residence as spouse of EEA national runs from your date of entry (in 2010) & up to April 2015.
After April 2015 you have to exercise your own treaty rights. Fortunately you are, as you are now a qualified person - a worker.

The guidance also says 'switching' is permitted - see page 5.

What I do not know is whether, to demonstrate your 5 continuous years of free movement/treaty rights, you can switch from being treated as:
firstly, a dependent (spouse) of EEA national - in your case, from August 2010 - April 2015;
AND
secondly, then be treated as an EEA 'qualified person' (a worker) - from April 2015 to August 2015.

If this is all acceptable to HO & within the rules & you have all evidence (& meet the other requirements!) then you should achieve PR status by some time in August.
Then as spouse of BC you can apply directly for naturalisation.

The only other advice on this is in the forum FAQ, here:
http://www.immigrationboards.com/eea-ro ... ml#p716286

I wish some Europe/PR expert would contribute & help confirm for you this question about making up your qualifying time across the 2 categories.

[noajthan]

...

Still confused....

As spouse of BC:
1. At 2.4. what have to tick......"Are you an EEA national" or "Or a family member of an EEA national" ?

2. Next tabel: should be fill with my Treaty Rights?

Not sure, in your case you may be both. But I do not know if that is permitted.
- I think you need the answer to the type of questions I just posted (above) about switching between these 2 categories to make up the 5 years.

[noajthan]

An idea that just comes to mind is this:
do you remember if you visited your husband in UK at any time before August 2010

Even when in UK and exercising treaty rights, an EEA national is permitted up to 6 months absence in a year.
So if you were in UK at sometime in the months before August 2010 then your 5 years residency may have started then & so may have been completed already.

Note: you would have to provide proof you were in the UK at that time & also on the day 5 years before the date of your application.

If your 5 years was actually completed by April 2015 you would already have achieved PR as your huband was 'just' an EEA national (& not a dual citizen) at the time.

If that's the case your naturalisation application would become more straightforward, in the one category of family member (dependent spouse).

Otherwise it's back to the question about splitting your 5 years continuous residency across the 2 categories.