Residence Card --> Citizenship

[keloid]

Hi there,

My wife has received her Residence Card in the UK, which she obtained by virtue of me (EU citizen) having worked in another EU state while she was living with me.

5 years down the line, we have a plan for her to apply for British Citizenship

A quick question - now that she has her Residence Card, do I have to remain in employment for the next 5 years to make her eligible for citizenship?

[Jambo]

Are you British who returned using Surinder Singh? (your description seems to indicate you are).

[keloid]

Are you British who returned using Surinder Singh? (your description seems to indicate you are).

Jambo

Thanks for your response - yes I'm British and returned to the UK under Surinder Singh.

Does this alter the situation somewhat?

[keloid]

Are you British who returned using Surinder Singh? (your description seems to indicate you are).

Jambo

Thanks for your response - yes I'm British and returned to the UK under Surinder Singh.

Does this alter the situation somewhat?

Can anyone help?

[Jambo]

now that she has her Residence Card, do I have to remain in employment for the next 5 years to make her eligible for citizenship?

If you are British, then there is no requirement for you to exercise treaty rights once you are back.

So you didn't have to be in employment when she applied for RC and you don't need to be in future. For RC or PR application, you only need to prove that you have been in employment in another EEA state. This is also reflected in the latest version of the application forms (there is a specific section for Surinder Singh cases).

[sum1]

See also this thread.

[keloid]

See also this thread.

Hi guys,

thanks for all your advice.

I do have one further question:

obviously, when we came to the UK, we used the EEA route to come in. As mentioned above, I am British but my wife got a RC on the basis of my working in another EEA state. Usually one would have to wait 5 years until applying for british citizenship BUT I note this page on the UKBA site:

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

This page suggests that if an individual has been married to a British citizen for 3 years, then they can apply for Naturalisation. I believe that this page is intended for those spouses who's partner is British and who entered the UK on a UK spouse visa - but my question is: can this 3 year rule also apply to those spouses who entered the UK on the basis of the Surinder Singh case?

[Jambo]

See similar question - 3 years or 5 years?.

[keloid]

See similar question - 3 years or 5 years?.

Thanks Jambo for this. It appears we must see out the full 5 years.

Thanks once again.

[keloid]

Jambo - thanks again for your input here.

Just quickly, where does it say that non-Eu applicants, for Surinder Singh, cases do not need to apply for PR (EEA4) before their naturalisation application? Have there been success stories on this forum posted?

[Jambo]

Jambo - thanks again for your input here.

Just quickly, where does it say that non-Eu applicants, for Surinder Singh, cases do not need to apply for PR (EEA4) before their naturalisation application? Have there been success stories on this forum posted?

Singh is under the EEA regulations. PR Confirmation is obtained automatically under EEA regulations. EEA4 is not mandatory and not required for naturalisation.

[keloid]

Jambo - thanks again for your input.

Sorry, I'm not making my question clear. I appreciate that after five years permanent residence is granted automatically pursuant to the EEA Regulations.

My concern is this. When applying for naturalisation, the case officer will be looking to see evidence of PR status. However, obviously, the covering letter for naturalisation application would state that PR had been obtained automatically (and would provide evidence to demonstrate this). Would a case officer who deals with Naturalisation cases be able to ascertain or verify PR status has been obtained, in such circumstances? I wonder whether that is beyond the scope of their work - as in they are only able to deal with cases where PR status has already been obtained 'on paper' or already verified by the EEA team.

That is sort of why I was asking above whether have been any success stories in this respect...?

Thanks again in advance.

[Jambo]

Check the application form (Form AN). It has a dedicated section (2.4-2.6) for people applying following residence under EEA regulations without an official PR.
Your case is slightly unusual (Singh) so worth adding a few notes on page 17 but it should not cause any issues.

There have been many success stories here although I suspect none of those sticks around to answer questions once they obtain BC.

[keloid]

Brilliant - thank you!

[keloid]

Check the application form (Form AN). It has a dedicated section (2.4-2.6) for people applying following residence under EEA regulations without an official PR.
Your case is slightly unusual (Singh) so worth adding a few notes on page 17 but it should not cause any issues.

There have been many success stories here although I suspect none of those sticks around to answer questions once they obtain BC.

Form AN at clause 2.4 now reads:

"If you are an EEA national or the family member of an EEA national, please complete the
following section, showing on what basis you were in the United Kingdom for the last 6 years.
This is so we can see whether you were exercising your Treaty Rights for a continuous period and
have acquired permanent residence in the United Kingdom."

It also goes on to say:

Please state on what basis you were in the United Kingdom for the last six years. Continue on a
separate sheet of paper if necessary.

How should I deal with this? Should score out the 'six' and replace it with 'five'? Any advice? Thanks