Jellybean105 wrote:Hi
Here is a summary of my husbands situation. I am a British Citizen so we returned to the UK under Surrinder Singh.
UK FP: Granted November 13
(Ireland RC: Granted Feb 14)
Returned to the UK: Feb 14
Applied for EEA2: 18th March 14
Refused: 18th Sept 14
Applied for re-consideration: 24th Sept 14
Issued resident card: 4th Dec 14 (Dated 1st Dec)
I wanted to know if my husband needs to apply for a permanent resident card before Naturalisation? If so, when is the earliest he can apply. Is it Feb 2019? Then can he apply straight away for Naturalisation?
If he doesn't need to, when will his 5 years finish and when can he apply for Naturalisation?
Thanks
A PR card is an optional confirmation of PR/settled status. It does not grant it.
It may simplify some of the documentary evidence to be submitted for a naturalisation application, but is not a mandatory document.
Once requirements are met you could shoot directly for naturalisation.
Having a PR card is, in a sense, a low cost (low risk) route for reassurance about PR.
As you are a BC (& have done
Surinder Singh) you do not have to be exercising treaty rights as a
proxy EEA national;
ie as per case law of
Eind.
So spouse merely requires 5 years residency in UK.
Based on your timeline that appears to be Feb 2019;
(assuming nothing untoward happens either personally or nationally, eg UK exit from EU).
Note the RC (when finally issued) did not confer any status, it merely confirms residency.
So your joint residency commenced in Feb 2014 (as stated).
As you are BC no need for spouse to hold PR a further 12 months.
Assuming all other requirements have been/can be met he could then apply for privilege of citizenship on/after Feb 2019.
Good luck.
