Long term EEA citizen in UK and naturalisation

[mia777]

My EEA citizen partner has been living in the UK for over ten years. Considering this length of time, does she need to apply for permanent leave to remain before applying for citizenship? I'm unclear if she has been here long enough to have automatically received it or needs the card before applying for citizenship.

Thanks for your help.

[Casa]

British citizenship now requires formal confirmation of permanent residence.
https://www.gov.uk/eea-registration-certificate

[noajthan]

My EEA citizen partner has been living in the UK for over ten years. Considering this length of time, does she need to apply for permanent leave to remain before applying for citizenship? I'm unclear if she has been here long enough to have automatically received it or needs the card before applying for citizenship.

Thanks for your help.

Yes, she does.

PR may well have been acquired automatically by now.
However, since beginning of this year, possession of a PR card (confirmation of PR) has been made a mandatory requirement for the privilege of citizenship.

[Casa]

I believe it's a PR card for EEA family members and a certificate for EEA nationals.

[ohara]

I believe it's a PR card for EEA family members and a certificate for EEA nationals.

Yes

The document certifying permanent residence that EEA nationals receive somewhat resembles a visa vignette that is just stuck onto a tri-fold piece of card.

[mia777]

Thanks for your help.

Given the current climate of uncertainty, do you see any value in her applying for PR in the next few weeks? It may be beneficial to get an application out the door even though I'm unsure if her future road to citizenship would be impacted by any potential political changes.

As her unmarried non-EEA family member who applied via EEA2, I'm trying to figure out the best way to secure our future in the UK.

[ohara]

Just to be clear, you do not apply for PR itself, that is automatic. An EEA national can obtain a document certifying permanent residence, which does just that - it confirms it, it does not confer it.

If she has intention of applying for citizenship she will need a DCPR anyway - it has been required since November 2015.

The application costs £65 and takes around 2 months.

[secret.simon]

As her unmarried non-EEA family member who applied via EEA2, I'm trying to figure out the best way to secure our future in the UK.

How long have you been resident in the UK with her exercising treaty rights?

Her becoming a British citizen may have implications for your stay in the UK.

[mia777]

How long have you been resident in the UK with her exercising treaty rights?

My UK residence card (well, sticker in passport) was issued on 31 October 2013 and it expires on 31 October 2018.

Just to be clear, you do not apply for PR itself, that is automatic. An EEA national can obtain a document certifying permanent residence, which does just that - it confirms it, it does not confer it.

I'm glad I saw this because I probably would have file the wrong application. I'm glad to hear it doesn't take that long although I see they require her passport again. I wonder how soon after submission we can get it back since we are travelling in the coming months and she no longer her EEA country card recently expired.

Thanks for your help.

[noajthan]

...

I'm glad I saw this because I probably would have file the wrong application. I'm glad to hear it doesn't take that long although I see they require her passport again. I wonder how soon after submission we can get it back since we are travelling in the coming months and she no longer her EEA country card recently expired.

Thanks for your help.

Once an application has been filed you may request documents back if required.

Whenever requirements to apply for confirmation of PR have been met suggest apply for confirmation.
Goalposts are shifting almost daily now - it's a slippery slope.

However plan carefully regarding citizenship.

Be aware BCs are not considered to be EEA nationals in the eyes of UK Gov; (even if a dual/EEA national).
If your EEA sponsor naturalises too soon you, as non-EEA, will be left in the lurch with no EEA sponsor (&, potentially, no right to reside in UK).

[mia777]

Whenever requirements to apply for confirmation of PR have been met suggest apply for confirmation.
Goalposts are shifting almost daily now - it's a slippery slope.

I'm not sure I understand 100%. Could you please clarify this?

Thinking about it, is there any advantage to my partner obtaining the document certifying permanent residence if she already technically has it?

If the UK decides to leave the EU, won't she still have that status and be able to obtain the certification document at any date in the future?

Basically, I want to figure out what we should be doing before any vote or change of law occurs. There's no correct answer since no one knows what will happen but what would you be doing if you were in my position.

[noajthan]

...

I'm not sure I understand 100%. Could you please clarify this?

Thinking about it, is there any advantage to my partner obtaining the document certifying permanent residence if she already technically has it?

If the UK decides to leave the EU, won't she still have that status and be able to obtain the certification document at any date in the future?

Basically, I want to figure out what we should be doing before any vote or change of law occurs. There's no correct answer since no one knows what will happen but what would you be doing if you were in my position.

How far would you trust a politician in the prevailing geopolitical climate - with migration such a hot potato?!

If I had acquired PR already I would apply for the confirmation of PR card asap just to prove I had it.

Also handy because there is no need to exercise treaty rights (unless one wants to) having acquired PR.

Also handy if I (or a dependent) had ambitions for privilege of citizenship in the future as a PR card is now a mandatory prerequisite.

This is speculation but if ever there is some future transitional arrangement for EEA nationals (perhaps based on residency/PR) then a PR card could be a useful 'golden ticket' to have up one's sleeve.

[mia777]

Also handy because there is no need to exercise treaty rights (unless one wants to) having acquired PR.

Thanks for the clarification.

I think the above is reason enough. I remember considering this a few months back because I was wondering how something like maternity leave might impact one's ability to exercise treaty rights.

Thanks for your help.

[noajthan]

Thanks for the clarification.

I think the above is reason enough. I remember considering this a few months back because I was wondering how something like maternity leave might impact one's ability to exercise treaty rights.

Thanks for your help.

Due to foresight of European idealists, 'Worker' status can still be maintained during maternity leave.

Viva free movement!