PR or Citizenship

[sadiako]

hi . please advice me what to do? i am a eea national and my wife is non eea national. i m living here last 10 year and she 8 years. we have 3 children they were born here.( we are living here on resident permits.we applied twice). now i wanted to apply for a permanent residence for us. or can we apply for British nationality ? what about the children do they have British nationality or should i also apply for them?. last five years i m working as self employed and before that i was working in a private company. i m also claiming working and child text credits and housing benefit (wife and my self). can this effect my application? if so what i should do..please please advise. i will be vary thankful for you replies. and do you recommend to apply through a solicitor? many thanks.[/b]

[John]

I have split your post away from where you posted it, as the nature of your query was nothing to do with where you posted it.

Given that it appears clear that you automatically got PR status after 5 years in the UK, you could move to making an application for Naturalisation, using form AN.

On that form you will see there is a section for EEA citizens to prove they have PR status.

Your wife can also apply for Naturalisation.

The children? When were they born? In particular were they born before or after you had been in the UK for 5 years?

[sadiako]

I have split your post away from where you posted it, as the nature of your query was nothing to do with where you posted it.

Given that it appears clear that you automatically got PR status after 5 years in the UK, you could move to making an application for Naturalisation, using form AN.

On that form you will see there is a section for EEA citizens to prove they have PR status.

Your wife can also apply for Naturalisation.

The children? When were they born? In particular were they born before or after you had been in the UK for 5 years?

.. thanks john i dont know how to reply back. i just did this hopefully its right.. i came here in 2003 and my wife joind me in 2004 and my first child was borne in end 2004,2nd in 2006 and 3rd in 2009.many thanks for your time.

[John]

sadiako, based upon what you have posted, without application you automatically got PR status sometime in 2008, on the fifth anniversary of you starting to exercise Treaty Rights in the UK .... being employed or self-employed.

So two of your children were born before that fifth anniversary, so to make them British you will need to complete forms MN1 applying for Registration as a British Citizen, under section 1(3), an entitlement application.

Both you and your wife can apply for Naturalisation as British, using form AN. This is because both of you have had PR status for at least one year.

The child born in 2009? That is, born after your fifth anniversary, is already British! But it will be a question of proving that you had automatically acquired PR status some time in 2008.

But as regards the two older children, presumably they already have your EEA nationality? Any particular advantage to them also becoming British? And do you know, if they do become British, will they lose their existing EEA nationality? The same applies to you.

[Jambo]

What nationality are you? Is it one of the "old" EEA states or the new joiners in 2004? I presume the former as you came in 2003.

[sadiako]

sadiako, based upon what you have posted, without application you automatically got PR status sometime in 2008, on the fifth anniversary of you starting to exercise Treaty Rights in the UK .... being employed or self-employed.

So two of your children were born before that fifth anniversary, so to make them British you will need to complete forms MN1 applying for Registration as a British Citizen, under section 1(3), an entitlement application.

Both you and your wife can apply for Naturalisation as British, using form AN. This is because both of you have had PR status for at least one year.

The child born in 2009? That is, born after your fifth anniversary, is already British! But it will be a question of proving that you had automatically acquired PR status some time in 2008.

But as regards the two older children, presumably they already have your EEA nationality? Any particular advantage to them also becoming British? And do you know, if they do become British, will they lose their existing EEA nationality? The same applies to you.

thanks john. its really helpful . I am Dutch national. i know we will lose dutch nationality. i think if we are living here why not we all have British nationality.. my question is this . is housing and council benefit effect the application. if yes what you advise to do. i mean if stop claiming how long should i wait before apply? many thanks.

[sadiako]

What nationality are you? Is it one of the "old" EEA states or the new joiners in 2004? I presume the former as you came in 2003.

. I am Dutch national.

[John]

my question is this . is housing and council benefit effect the application

Those benefit claims are irrelevant, as regards the Citizenship applications you intend to make.

[John]

According to Wikipedia, it seems Dutch nationality law changed in 2003, and given you are living in the EU, it seems that you will not lose your Dutch citizenship, when you become British.

Also :-

you are married to a person who possesses the nationality you wish to acquire

[sadiako]

my question is this . is housing and council benefit effect the application

Those benefit claims are irrelevant, as regards the Citizenship applications you intend to make.

many thanks john...so for the prove of residency can i send them council benefits papers as my wife is not on any domestics bills. she does have a bank account but i believe it would be not enough because in the past they sent the application back for PR and said that prove of residency is not enough. while also sent them doctors letter and 3 tenancy agreements covering more then 5,6 years... thanks for time john . much appreciated.