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Non EEA Family of an EEA applying for Naturalisation

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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xtoph44
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Non EEA Family of an EEA applying for Naturalisation

Post by xtoph44 » Tue Nov 24, 2015 9:39 am

I have acquired my permanent residence and I have held it for 6 months, I have been married to a EEA national for 7 years. Can I apply for my British citizen providing my treaty rights for 6 years or would I still have to produce that of my wife as well as her passport and including mine. As i feel as long as I have acquired permanent residence I can apply on my own as long as i can prove 6 years of residency and treaty rights on my own without having to produce that of my wife and having to wait for another 6 months....Can someone please help.... :?

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CR001
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Re: Non EEA Family of an EEA applying for Naturalisation

Post by CR001 » Tue Nov 24, 2015 10:26 am

Are you a non-EU citizen? If so, you don't exercise treaty rights, your EU spouse does.

You need to hold PR for a full 12 months before you can apply for British citizenship, unless your spouse is already British.
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xtoph44
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Re: Non EEA Family of an EEA applying for Naturalisation

Post by xtoph44 » Tue Nov 24, 2015 10:37 am

I am a non EU citizen, I thought if you are married to an EEA national and stayed in the UK for 6 years you can apply for naturalization irrespective of the time PR was received.

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CR001
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Re: Non EEA Family of an EEA applying for Naturalisation

Post by CR001 » Tue Nov 24, 2015 12:15 pm

No, you always need to hold PR for 12 months. Nothing has changed there. Do you have a PR card or have you just automatically attained and not applied for confirmation of PR?

The only time this is not required is if your spouse is British.
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xtoph44
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Re: Non EEA Family of an EEA applying for Naturalisation

Post by xtoph44 » Tue Nov 24, 2015 1:56 pm

Thanks for the quick reply, I did apply for PR and I have been granted and also I have the PR card for 6 months now, that was why i was thinking it was a possibility to apply on my own as I've been married for over six years and lived in the UK for over 10 years.

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Re: Non EEA Family of an EEA applying for Naturalisation

Post by CR001 » Tue Nov 24, 2015 6:35 pm

You need 12 months of PR to apply and there is no way to get around that. Being married to an EU national means nothing when it comes to British Citizenship applications.
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