Changing from Residence Card of an EEA National to Citizenship

[LMatheson]

Hello and Happy New Year,

Firstly, although this is my first time posting, I have used this site many times before. It has really helped me through some stressful times, so I just wanted to say thanks to all for your help, and in particular the moderators. We really appreciate you!

In August 2018, I will have been 5 years in the UK since moving from Germany on an EEA Family Permit, which I later upgraded to a "Residence Card of a Family Member of an EEA National", which has a renewal date of 17/OCT/18. My husband is British, I am a US citizen, my kids are both. I would like to get British citizenship.

EEA nationals need to apply for a PR Certificate first, does this apply to me? Or does my current Residence Card count? On the other hand, is the whole EEA route even still relevant to me, once I have been here for 5 years?

I think my confusion comes from my being unsure of whether or not the Residence Card I hold equates to PR/IDL.

Any help would be great!

Lori

[dan1988uk]

You need PR as well, but you said that you husband is British, since you have a residence card of a family member it means that your husband was not British before, his naturalization can be a problem for you.

[secret.simon]

Hi Lori,

It sounds like you are on the Surinder Singh route, as your husband is British and you moved from Germany to the UK (presumably with him).

Your next step would be to apply for a PR Card (proof of PR under EU law) after five continuous years residence in the UK following your entry with the family permit. Therefore, assuming no lengthy (more than six months) absences from the UK, you can apply on the fifth anniversary of your entry into the UK. Your time on the family permit and Residence Card can be aggregated. You need to prove your and your husband's presence in the UK for that period.

Once you get the PR Card, you can apply immediately for British citizenship. Beware that the absence and other requirements for naturalisation are different from and unrelated to those for PR (the former is under UK law, while the latter is under EU law). But that is way into the future.

First things first. Apply for the PR Card in August 2018.

[Wise]

Hi,

I pray the first paragraph from (Secret Simon) applicable to your case otherwise there is a big problem with your spouse Brit citizenship.

[LMatheson]

Hi All,

Many thanks for the quick response, much appreciated. My husband is British by birth, so he is okay.

Thanks for clarifying secret.simon

Lori

[Richard W]

Many thanks for the quick response, much appreciated. My husband is British by birth, so he is okay.

You still have one hurdle to clear. The rules for Surinder Singh have been tightened, and you are likely to have to demonstrate that you meet the 2016 Regulations when you apply for permanent residence card. One legally dubious change is that you will have to show that your husband would have been exercising treaty rights had he not been British.