EEA PR as married to a British

[NicolettaL]

Hi
As I am married to a British Citizen I am thinking to apply to the document certifying my residence in the UK as "family member of a qualified EEA" (who in particular is British).
I prefer this route as my personal work history is quite fragmented.

I have been told though, that I should not use this path but the route of myself as qualified person.
I don't understand why. A British citizen surely is a special case of a EEA person, is this correct?

Has anybody got any precise insight on this regard?

Thanks
Nicoletta

[Casa]

In this case your spouse is only considered as 'British'.

[NicolettaL]

HI Casa
Thanks for your reply but it is not clear to me.
Do you mean that as married to a British man I cannot use that route, as a spouse to a EEA qualified person?
Nicoletta

[CR001]

+1 on what Casa said and also to add that a British citizen cannot 'exercise treaty rights' in the UK and therefore is not a 'qualified person'. A British citizen can only exercise treaty rights in a country other than their country of nationality.

You would need to qualify for PR in your own right as an EU citizen.

[Casa]

The plus point is that immediately after being issued with your PR card you would be able to apply for British citizenship without waiting for a further 12 months. That's assuming you meed all the standard conditions for BC.

[noajthan]

Hi
As I am married to a British Citizen I am thinking to apply to the document certifying my residence in the UK as "family member of a qualified EEA" (who in particular is British).
I prefer this route as my personal work history is quite fragmented.

I have been told though, that I should not use this path but the route of myself as qualified person.
I don't understand why. A British citizen surely is a special case of a EEA person, is this correct?

Has anybody got any precise insight on this regard?

Thanks
Nicoletta

BCs can only be considered as EEA nationals if they have ever moved & exercised treaty rights in a.n.other EU country.

So, assuming you are an EEA national, you will need to be exercising treaty rights as a qualified person in your own right (after your first 3 months in UK).

“EEA national” means a national of an EEA State who is not also a British citizen;

Ref Immigration Regulations, 2 (1).

http://www.eearegulations.co.uk/Archive/V20150406

[NicolettaL]

Thank you all. How depressing. It would be easier if I was married to a German, but as married to a British himself, it is not possible. Is it not absurd?

Anyway, Thanks for the clarification, I definitely need a solicitor, this process seems a labyrinth put up with the only purpose to filter out the people who can afford a solicitor from the rest

Casa, what you say about being able to apply straight to the citizenship is very interesting, but how do you conclude that?

Thanks again
Nicoletta

[CR001]

Casa, what you say about being able to apply straight to the citizenship is very interesting, but how do you conclude that?

Because the nationality rules say that a spouse of a British citizen only requires 3 years of residence which must include PR. It takes 5 years to gain PR or ILR, so you would be able to apply immediately as you will have PR and have more than 3 years residence.

[LilyLalilu]

The EEA PR application is quite straightforward, I don't think you need a solicitor as long as you read all the guidelines and regulations
In a nutshell, as long as you exercised treaty rights (working, studying with private health insurance job seeking, being self-sufficient + sufficient funds and private health insurance) for a continuous period of five years in the UK, and don't have any absences >6 months then you attain PR at the end of the five year period. All you need to do is complete the EEA PR form and submit it along with evidence of having exercised treaty rights and evidence of your continuous residence in the UK.

If you haven't exercised treaty rights in your own right then you unfortunately do not qualify for PR as of yet and will only qualify once you have the necessary five continuous years under your belt.

Casa is right in saying that you do not need 12 extra months on PR if married to a BC; you can check this here: https://www.gov.uk/becoming-a-british-c ... sh-citizen where is states that anyone married to a British Citizen can apply for naturalisation as soon as they are free from immigration restrictions (i.e. have been granted a Document Certifying PR in the case of an EEA national) and meet all the other necessary residence, language and Life in the UK requirements.

[NicolettaL]

Re: CR001.
Thanks for your reply.
So the line in the citizenship form saying something like: "you need to hold your PR for 1 year before applying for citizenship" will not apply anymore?

If I understand well what you say, this is what I should do (Btw I have been in the UK for 11 years already and married for 8 years):

Complete the application for my document certifying my residence and apply
Wait for this document to return
Straight after, without waiting for one year, apply for the citizenship

Correct?
Many thanks
Nicoletta

[ohara]

So the line in the citizenship form saying something like: "you need to hold your PR for 1 year before applying for citizenship" will not apply anymore?

Correct. If you are married to a British citizen, you can apply for naturalisation as soon as you are free of immigration time restrictions (basically once you have PR).

If you are not married to a British citizen, you have to be free of immigration time restrictions for 12 months before applying.

[noajthan]

Thank you all. How depressing. It would be easier if I was married to a German, but as married to a British himself, it is not possible. Is it not absurd?

Anyway, Thanks for the clarification, I definitely need a solicitor, this process seems a labyrinth put up with the only purpose to filter out the people who can afford a solicitor from the rest

...

Welcome to our world - second class citizens in our own country

[secret.simon]

Welcome to our world - second class citizens in our own country

All EEA citizens are equal. It's just that some are more equal than others.

[Casa]

Welcome to our world - second class citizens in our own country

All EEA citizens are equal. It's just that some are more equal than others.

The worst form of inequality is to try to make unequal things equal.
Aristotle

[secret.simon]

Casa, where did you get that quote? That pretty much sums up modern politics.

[Casa]

I got it from my wise friend Aristotle

[NicolettaL]

First thanks for the support, clear answers and nice quotes.
I have now resigned to the idea to apply as exercising myself 5 years of treaty rights, If I make it, as my recent work history is very fragmented.

Now comes the question:
As I am also married to a British. Should I mention this at all?
Or should I simply ignore all the points related to being married, living together with somebody else, and having a sponsor?

I have re-read the guidance notes many times and this is not clear.
So for instance, in the form question 1.10, it asks: relation to the sponsor (spouse, etc).

Shall I simply ignore it and leave it blank?

Thanks
Nicoletta

[Casa]

Your British husband can't be your sponsor. You are applying for PR in your own right.

[noajthan]

...

Now comes the question:
As I am also married to a British. Should I mention this at all?
Or should I simply ignore all the points related to being married, living together with somebody else, and having a sponsor?

I have re-read the guidance notes many times and this is not clear.
So for instance, in the form question 1.10, it asks: relation to the sponsor (spouse, etc).

Shall I simply ignore it and leave it blank?

Thanks
Nicoletta

Yes.

Q1.9 asks for marital status so you can answer that.

Q1.10 Asks If you’re applying as the family member of an EEA national or British citizen ...
- in this context you are not a family member so don't reply.