EEA2, however spouse now a British citizen.

[robnmc]

I was living in the UK on a work permit when I met my partner. He is Italian and had been in the UK for nearly 20 years, but had never bothered becoming naturalised.

We married at about the same time that he finally applied for British citizenship, but because it had still not been granted, I then got an EEA2 permit, as I wanted to change employment and this gave me the flexibility to do so.

Now we have been married for over 2 years, and I want to get ILR and eventually citizenship. I have been informed by the Home Office that despite the fact I am married to a British citizen it is irrelvant and that I will have to apply for the dreaded EEA4, which will take months, because I have the EEA2 stamped in the passport.

Is it impossible to apply for any form of ILR other than EEA4? I will have been in the UK for 5 years at the beginning of next year, but the Home Office said that it didn't matter, and that I still had to go down the EEA4 route rather than SET(M), which can be done in a day, rather than over 6 months.

It just feels as though as a couple we are being denied the rights that are given to other British citizens with foreign partners, and that in the long run, the naturalisation for my partner was a waste of time.

[Plum70]

Now we have been married for over 2 years, and I want to get ILR and eventually citizenship. I have been informed by the Home Office that despite the fact I am married to a British citizen it is irrelvant and that I will have to apply for the dreaded EEA4, which will take months, because I have the EEA2 stamped in the passport.

Is it impossible to apply for any form of ILR other than EEA4? I will have been in the UK for 5 years at the beginning of next year, but the Home Office said that it didn't matter, and that I still had to go down the EEA4 route rather than SET(M), which can be done in a day, rather than over 6 months.

It just feels as though as a couple we are being denied the rights that are given to other British citizens with foreign partners, and that in the long run, the naturalisation for my partner was a waste of time.

You got sound advice from the HO. You cannot expect to be free to hop-a-skip-a-jump between EU law and UK law as and when it suits.

It's procedure: You gained residence in the UK by virtue of marriage to a EU National. Even though your husband is now a British Citizen, you can only gain PR via the EU route as you did not BEGIN your residence via the UK route.

You only have a 1 year wait b4 you qualify for PR. If it makes you feel better (and if the current naturalisation laws remain unchanged) once you obtain PR you can naturalise straight away without meeting the 1 year qualifying period. This is due to your husband now being British. (Although by the time the HO processes you PR application the 1 year period may have already elapsed... )

Either way, you'll get there!

[robnmc]

Thanks for that, as I was mainly wanting to confirm that I had understood the situation. (it seems that every time I call the HO that I get a totally different answer that conflicts with common sense!).

The main nuisance is giving up the passport for 6 months for EEA4 - I travel extensively for work and risk losing my job if I cannot travel at minimal notice!

[robnmc]

Actually I just noticed something - the EEA4 form states that you need to have been living in the UK with an EEA national for a continous period of 5 years.

Does this mean that the 3 years I spent in the UK before I got married does not apply, so that I will have to wait 3 years work permit plus 5 years of EEA2 permit = total 8 years before I can get PR in the UK?

[Plum70]

Actually I just noticed something - the EEA4 form states that you need to have been living in the UK with an EEA national for a continous period of 5 years.

Does this mean that the 3 years I spent in the UK before I got married does not apply

No. Anytime spent (before marriage to your spouse) under UK immigration rules (work permits, HSMPs, student) doesn't count towards the residency qualifying period under EU law. Your residency qualifying period started from the moment you and your EU spouse got married (and began living) in the UK. When was this? Count 5 years from then = qualification for PR (not from when your RC was issued).

so that I will have to wait 3 years work permit plus 5 years of EEA2 permit = total 8 years before I can get PR in the UK?

If you were NOT married to your EU spouse while on your work permit, then yes. But why should it? The UK route and EU route are for the most part non-interchangeable.

Don't fret! You'll be there before you know it.

[hamadauk123]

hi plum70. as you said residency start counting when couple get married(not from when resident issued)? i get married in june 2002 i got my 2 years resident in 2003 may then i applied again in 2005 i got 5 years resident in june 2005 then i applied for pr in 2008 may. i got permanent in novembr 2008. so when do you think i,m qualified for naturalization? thanks

[JA13I]

Sadly there is a 1 year wait on the PR which means you should be able to apply in May 2009 for naturalisation.

[JAJ]

I was living in the UK on a work permit when I met my partner. He is Italian and had been in the UK for nearly 20 years, but had never bothered becoming naturalised.

We married at about the same time that he finally applied for British citizenship, but because it had still not been granted, I then got an EEA2 permit, as I wanted to change employment and this gave me the flexibility to do so.

Now we have been married for over 2 years, and I want to get ILR and eventually citizenship. I have been informed by the Home Office that despite the fact I am married to a British citizen it is irrelvant and that I will have to apply for the dreaded EEA4, which will take months, because I have the EEA2 stamped in the passport.

Is it impossible to apply for any form of ILR other than EEA4? I will have been in the UK for 5 years at the beginning of next year, but the Home Office said that it didn't matter, and that I still had to go down the EEA4 route rather than SET(M), which can be done in a day, rather than over 6 months.

It just feels as though as a couple we are being denied the rights that are given to other British citizens with foreign partners, and that in the long run, the naturalisation for my partner was a waste of time.

Naturalisation for your partner still means that you don't have to wait 1 year after you get ILR/PR - at least under current naturalisation rules, which may change.

With respect, you made the wrong decision 2 years ago when you went for the EEA2 ... as your husband was a Permanent Resident, he could have sponsored you for a spouse visa at the time and you'd be eligible for ILR around now.

As you switched to the EEA track, the wait for Permanent Residence is 5 years. I keep telling people about this (the EEA route has a "cult status" among some) but usually get ignored.

As far as I know (you would need to confirm this), you might still be able to switch to spouse status, but your ILR would only follow in 2 years time.

The EEA4 process is not compulsory in order to apply for naturalisation ... once you have the 5 years on EEA status, you can apply directly for naturalisation.

If you want to switch track, then you should have a discussion with a good immigration solicitor on the pros and cons.

If you stay on the EEA track, you are eligible for PR in 3 years time, if the rules don't change.

Have you looked into getting Italian citizenship by marriage? As far as I know, you can apply after 3 years marriage (unless rules have changed recently).

The information in the previous post is wrong, so don't be confused by it.

[robnmc]

Thank you JAJ, That has given me some good options to think about. Also great news to realise that EEA4 is not essential.

[hamadauk123]

Sadly there is a 1 year wait on the PR which means you should be able to apply in May 2009 for naturalisation.

thanks jaj also any idea where i can get application form for naturalization ? thanks

[JAJ]

thanks jaj also any idea where i can get application form for naturalization ? thanks

http://www.bia.homeoffice.gov.uk/britishcitizenship/

[JA13I]

robnmc, my apologies if my previous post confused you, but it was not meant to for you and as the time frame of May 2009 suggests, it was meant for hamadauk123.

But that said, to clarify a few points araised, while in theory the EEA4 is not compulsory and the right is automatically accrued, as you are not an EEA national but the family member, you may have a bit of a time trying to submit for naturalisation without a PR status to prove. It is worthwhile to look into which of the process is easier to get- the EEA4 or the naturalisation.

The next topic to address is whether it is possible to make an in country switch to a spouse visa under the UK immigration rules from the EEA family member route as it usually is not possible to switch from EEA route.

While I do agree that the right thing to have done 2 years ago is to have applied for a spouse visa, considering that you have only 3 years to go, the pros of currently switiching to the UK immigration route is debated. Add to the mix that the UK immigration system is undergoing wide reforms, while the EEA2 gives visa free travel to some EEA countries which have executed the Directive, I would personally prefer continue in the "cult status"!

[robnmc]

Yes, you are right, it would have been better to have got it right 2 years ago. If anybody else reads this post, please explore all your options, probably with a lawyer; it seems worth it.

At the time when I called the Home Office, they really pushed me to apply for EEA2, even though I could have applied for HSMP, pushed my next employer to get another work permit etc, all of which would have kept me in "UK law" and I would then be much, much closer to PR and naturalisation, i.e. within months! I discussed these options with the HO, and they always seemed to push for EEA2 - not sure why. It was as though EEA had "cult" status, as you mentioned.

The HO does not seem that happy to let you back into UK law, when you theoretically may qualify, although they seemed happy to advise you to get out of it, so it does seem best never to rely on what they say and get much more professional advice. (As to relying on what they say, one officer told me that I should be deported, even though at the time I was in the UK on my own right with a work permit, had received the CoA for marriage and indeed was already married to a dual italian/british citizen who had been living and working in the UK for over 15 years - quite scary)

[hamadauk123]

thanks jaj also any idea where i can get application form for naturalization ? thanks

http://www.bia.homeoffice.gov.uk/britishcitizenship/

hi jaj can,t find which application i need to apply for citizenship i called home office to request it she said which citizenship application you need i said i don't know i called again to know which one i need. they take ages to answer the phone. well i,m noon EEA NATIONAL i,m holding pr under EEA regulation .so which type citizenship application i need? thanks for any help.

[Plum70]

While I do agree that the right thing to have done 2 years ago is to have applied for a spouse visa, considering that you have only 3 years to go, the pros of currently switiching to the UK immigration route is debated. Add to the mix that the UK immigration system is undergoing wide reforms, while the EEA2 gives visa free travel to some EEA countries which have executed the Directive, I would personally prefer continue in the "cult status"!

I agree. The EU route to permanent residency will be unaffected by the future changes to the immigration and nationality law. Therefore one can 'rest easy' for 5 years which is not such a long time as one may think!

[hamadauk123]

hi jaj and plum70. i just called home office to ask which application i need for citizenship. and i told her i,m holding permanent residence under EU regulation .and she said you need to apply when you complete 1 year after they submit your resident card!! i,m not sure. if she,s aware of. if you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.?