UK Citizen married to EEA. How long to wait for citizenship?

[plshelp99]

Im a Bulgarian who married a British man last year.
Now want to apply for citizenship and get a British passport

Some advice says i need to prove permanent residence
but also "lived in the UK for at least the 3 years before your application is received"
(https://www.gov.uk/becoming-a-british-c ... sh-citizen)

So this is conflicting advice - on one hand 5 years to get PR status, but on other hand 3 years living here

Can anyone advise if 5yrs residency is absolute minimum for an EU spouse of a British citizen?

[vinny]

Yes. Moreover, a document certifying PR is also required.

[Richard W]

No. If the EEA national last entered the UK from the Republic of Ireland, it takes just 3 years of being a worker to meet the requirements for naturalisation, even though PR is not held. It's the principle of a qualifying CTA entitlement. The entry removes any restriction of time on residence, and the EEA national's being a qualified person ensure that the person is not 'in breach of the immigration rules'. An Irish citizen in this position does not to be a 'qualified person'.

Tying with this, PR can be achieved in just over three years by 'cessation of activity' or bereavement by an accident at work.

[plshelp99]

thanks for the advice.

Again im still unsure, because it would seem intuitive that the 5 yrs PR should not be required in cases of:
a. me being an EU national rather than non eu (therefore automatically entitled to remain)
b. married to a UK national, therefore the need to also reside for 5 yrs should fall away

But apparently there is no concession for my ('lower risk') case and i have to wait in line for same time as someone who is unmarried and non-EU.. seems illogical, but i guess thats the HO intention...

[Richard W]

thanks for the advice.

Again im still unsure, because it would seem intuitive that the 5 yrs PR should not be required in cases of:
a. me being an EU national rather than non eu (therefore automatically entitled to remain)

EU nationals are not automatically allowed to remain. There is 3 months unconditional residence, but thereafter, until permanent residence is achieved, an EU national must be a qualified person or qualify in relationship to someone with a more basic right or permission to be resident.

b. married to a UK national, therefore the need to also reside for 5 yrs should fall away

Have you the paid the relevant immigration taxes? They are included in the visa application fees and are mostly non-refundable on refusal.

But apparently there is no concession for my ('lower risk') case and i have to wait in line for same time as someone who is unmarried and non-EU.. seems illogical, but i guess thats the HO intention...

It was decided that the risk of financial failure of the couple was too high, and the qualifying time for ILR was raised from 2 years to 5 years in 2012. At this point, the 3 year residence requirement became anomalous, and only applicable to Irish citizens and those acquiring permanent residence or ILR early. Then in 2014 it was, inadvertently I believe, widened when the freedom from restrictions on stay in the UK was extended from the Irish entering from the Republic to all people entering from the Republic with enforceable EEA rights of entry, except for visaless visa nationals. Thus an Indian EEA family member with a Tier 2 visa benefits, but an Indian EEA family member with a residence card but no visa does not benefit.