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Can I apply??

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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tbs79
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Posts: 3
Joined: Wed Aug 11, 2010 11:45 am

Can I apply??

Post by tbs79 » Wed Aug 11, 2010 12:03 pm

Hi,

I'm an EEA national and my wife (brazilian) is living with me in the UK.

Her first visa was:
entry clearance : 01/2004 to 01/2005 then (1 year)
EEA family member: 02/2005 to 02/2010 (5 years)
Permanent Residence: 07/2010

Can she apply for the british citizenship? Or do we need to wait
until July 2011 for it ?

I'm a confused:
It says:

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Does it mean that after the 5 years is ok to apply for the naturalisation or we must wait one year after getting permanent residence ?

Thanks

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 11, 2010 12:24 pm

When did she initially enter the UK or remain as an EEA family member?

She should have automatically gained PR after 5 years as an EEA family member.
Then, she needs a further year before being eligible.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tbs79
Newly Registered
Posts: 3
Joined: Wed Aug 11, 2010 11:45 am

Post by tbs79 » Wed Aug 11, 2010 12:57 pm

Hi, thanks for your reply.
vinny wrote:When did she initially enter the UK or remain as an EEA family member?
She entered in the UK on 03/2004 (on an entry clearance for an EEA family member).
This visa was valid for 1 year, after that a we got a 5 years EEA family visa.


In total she has 5 years and 11 months on a EEA family visa. (until february 2010).

Then, on february we applied for permanent residence and the visa was issued on 07/2010.
vinny wrote: She should have automatically gained PR after 5 years as an EEA family member.
Then, she needs a further year before being eligible.
So, in total we got 6 years and 4 months.

Do I need to wait until 07/2011 when PR completes 1 year, or is it ok to apply now ?

Thanks.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 11, 2010 1:12 pm

Should be okay to apply now. However, she would need sufficient evidence. See also Naturalization after PR – Shocking Revelations from NCS.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tbs79
Newly Registered
Posts: 3
Joined: Wed Aug 11, 2010 11:45 am

Post by tbs79 » Wed Aug 11, 2010 1:51 pm

Hey, thanks for your help.

I've read that post. I can provide all documents they need. No problems ;)

Would you recommend an application using NCS or just a standard mail application ?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 11, 2010 2:00 pm

If she uses the NCS, then there are a number of advantages:
* last year only 2% of applications made this way were unsuccessful. This compares with 10% refusals for other applications;
* you can keep hold of your documents (like your passport) - we can, however, request the originals if we need them.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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