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Romanian to Apply for Indefinite or Direct British Passport?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

jimz
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Romanian to Apply for Indefinite or Direct British Passport?

Post by jimz » Tue Feb 19, 2013 9:09 am

Hi There,

Here is My Time Line In UK.

I am a Female.

I have been living in UK for the Last 6 Years.

I am in Full Time Employment.

I have Registration Card.

My questions are;

Since i have lived here continuously for 6 Years,

Shall i apply for EE3 for Indefinite Leave to Remain?
or
Can i directly apply for BRITISH Passport (Naturalization) on the grounds that i have lived here for 6 Years.

Do i have to pass Life in UK Test?
is it compulsory even for EU citizens like me being Romanian?

Your every bit of help is very much appreciated.

nidaulhaque
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Post by nidaulhaque » Tue Feb 19, 2013 9:41 am

hi,
yes you can apply direct BC now.

Dont think you need life in uk

Obie
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Ireland

Post by Obie » Tue Feb 19, 2013 9:51 am

nidaulhaque wrote:hi,
yes you can apply direct BC now.

Dont think you need life in uk
You can apply if your preceeding 5 years in the UK has been lawful.

Yes you do need to pass life in the UK to qualify.
Smooth seas do not make skilful sailors

Jambo
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Post by Jambo » Tue Feb 19, 2013 9:52 am

See Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

You will need to pass the Life in the UK test.

jimz
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Attn-ALL

Post by jimz » Tue Feb 19, 2013 10:17 am

Hi There,

Thank you so much for your kind replies...i really appreciate.

So , i dont HAVE to apply for EEA3?

I can apply directly for Naturalization?
(my past 6 Years have been lawful with full time employment)



As EU National i did not have to pay for any Residence Card Fee

Do i need to pay for British Passport when i apply?

Would you please give me the link of forms to be used for me?

What is the procedure of LIFE IN UK?
can i just buy a book or do i have to attend any classes?

what is the fee for life in UK?

Regards.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Feb 19, 2013 1:28 pm

I think it is better to apply for a PR card first. It is a free application, and if you get refused you can appeal and sort it all out.

The citizenship application costs a lot of money, and getting refused would really suck. Do not expect an application fee refund.

I would also urge caution. Do you really need citizenship? If you get citizenship, then realize you will have to fight if you want any family members to come and join you in the UK under EU law.

jimz
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Post by jimz » Tue Feb 19, 2013 4:26 pm

Guru@
Many thanks for your kind advice, i really appreciate that.

So if i apply for PR it will take more than 6 Months again because they are taking longer to decide for ROMANIANS AND BULGARIANS ...

I have nobody to come and join me here in UK so in that case i wont have any troubles at all.

So whats your suggestion?
_________________

jimz
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Post by jimz » Tue Feb 19, 2013 4:27 pm

Guru@

is it possible to go in person (same day service) for PR in my case as a ROMANIAN?

nidaulhaque
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Post by nidaulhaque » Tue Feb 19, 2013 4:34 pm

IT WILL BE MUCH QUICKER FOR YOUR PR AS NORMALLY OTHER PEOPLE GETTING THEIR PR WITHIN 2-3 MONTHS, YOU CANT APPLY INPERSON HAS TO BE POST.

boloney
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Post by boloney » Tue Feb 19, 2013 7:11 pm

Directive/2004/38/EC wrote: If you get citizenship, then realize you will have to fight if you want any family members to come and join you in the UK under EU law.
is that what HO is doing, after naturalization one can`t use citizenship of country of origin?like I`m Polish, so after I get BC and wish to marry (I`m married now, but may get divorced :) (laugh)) someone from outside EU will I be forced to use national immigration rules? even I lived in Poland 20 odd years and got BC under EU rules?(PR + 12 months)

jimz
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Post by jimz » Tue Feb 19, 2013 7:17 pm

Do you have any idea if i apply for PR first then how long will it take?

jimz
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Post by jimz » Tue Feb 19, 2013 7:25 pm

so for me LIFE IN UK is a must for me as EU National?

boloney
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Post by boloney » Tue Feb 19, 2013 7:39 pm

jimz wrote:so for me LIFE IN UK is a must for me as EU National?
Yes

jimz
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Post by jimz » Tue Feb 19, 2013 7:45 pm

So give my situation shall i apply for PR first or British Passport For Since i have lived here in UK for the past 6 Years,legally,employed full time .

boloney
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Post by boloney » Tue Feb 19, 2013 8:34 pm

Directive/2004/38/EC wrote:I think it is better to apply for a PR card first. It is a free application, and if you get refused you can appeal and sort it all out.

The citizenship application costs a lot of money, and getting refused would really suck. Do not expect an application fee refund.
Directive answered your question. anyway you can`t apply for British passport to you became British Citizen.

aledeniz
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Post by aledeniz » Tue Feb 19, 2013 9:04 pm

jimz wrote:So give my situation shall i apply for PR first or British Passport
You cannot apply for the passport before getting the citizenship. Passport and citizenship are separate concepts, you may well be a citizen, and never requesting or holding a passport.

Also, what you shall do in regards to PR or citizenship is up to you.

As an example, my wife had a bad experience with the EEA2 (8 months), and couldn't really bear a similar waiting time for the EEA4, so I did suggest her to go directly for the citizenship. She decided to give it a go, and effectively is not as smooth as when you hold a PR (i.e. my own case). You have to bring to the NCS a ton of documentation, the NCS clerk must be aware of how to deal with this type of application (we had the luck to get a smart and keen to work one, but even so she had to contact the HO about some details), and even so, after getting the invitation letter, when trying to arrange the ceremony, the registry clerk wouldn't believe you could get a citizenship without an ILR ...

jimz
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Post by jimz » Wed Feb 20, 2013 5:39 pm

ALENDENIZ@

your comprehensive answer if good ..i was mixing british passport with nationality.

So in my case when i have already spent 6 Years here as a ROMANIAN,being full time employed with right documentation throughout ..

In my case what would you suggest what should i do?

I know i am eligible to apply for Naturalization because i have spent 6 Years.

After spending 5 Years i could have applied for INDEFINITE LEAVE TO REMAIN. which i did not .

So now what would you suggest me to do next.

i would appreciate your answer.

Kind Regards.

jimz
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Post by jimz » Wed Feb 20, 2013 5:57 pm

Aledeniz@

One more question please.

As EU NATIONAL Exercising my treaty right for the past 6 Years in UK Legally.

If I apply for Indefinite Leave to Remain then shall i apply on EEA-3 FORMS
OR EEA4?

Would you please describe the difference between them?

Regards.

boloney
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Post by boloney » Wed Feb 20, 2013 7:59 pm

jimz wrote:Aledeniz@

One more question please.

As EU NATIONAL Exercising my treaty right for the past 6 Years in UK Legally.

If I apply for Indefinite Leave to Remain then shall i apply on EEA-3 FORMS
OR EEA4?

Would you please describe the difference between them?

Regards.
you can't apply for ilr !!!

Jambo
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Post by Jambo » Wed Feb 20, 2013 8:08 pm


jimz
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JAMBO

Post by jimz » Thu Feb 21, 2013 10:27 am

JAMBO@

I have seen the links which you gave me and i am thankful but i got confused and i really dont understand anything from those links.
Now here,i am going to write my time line again kindly help me to find the answers of my questions. PLEASE PLEASE..

I am Romanian living here in UK for the Past 6 Years
I got the right Rc
Full Time employment
all the year by year Tax Documents (P60s)

I did not apply for Indefinite Leave to remain after completing my 5 Mandatory Period .

Now can i apply directly for NATURALIZATION (on FORM N)?

will they give me British passport if i apply on FORM N?

OR

If I apply for THE DOCUMENT CERTIFYING PERMANENT RESIDENCE
shall i USE EEA3?

Someone said to me, sometimes they refuse the Naturalization application so there would total loss of FEE so its better to apply for Indefinite first and thereafter go for NATURALIZATION/BRITISH PASSPORT.

what is the difference between EEA3 and EEA4 Forms?

which forms would be right for me in my case?

Here i have written everything about my case

Mr. Jambo kindly give me the right advice please.

Kind Regards.

vinny
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Post by vinny » Thu Feb 21, 2013 11:06 am

EEA3 is for EEA nationals.
EEA4 is for non-EEA family/extended family members.

It's not necessary to apply for confirmation of PR. However, KOL is required.
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.

Jambo
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Re: JAMBO

Post by Jambo » Thu Feb 21, 2013 11:27 am

jimz wrote:I did not apply for Indefinite Leave to remain after completing my 5 Mandatory Period .

Now can i apply directly for NATURALIZATION (on FORM N)?
First, you are using a wrong term. ILR is for people under the UK immigration rules. People under the EEA regulations obtain Permanent Residence. They are similar things but not exactly the same although for naturalisation purposes, they are the same.
will they give me British passport if i apply on FORM N?
You won't get a passport. You will get a British citizenship. Then you can apply for a passport (if you wish).
OR

If I apply for THE DOCUMENT CERTIFYING PERMANENT RESIDENCE
shall i USE EEA3?

Someone said to me, sometimes they refuse the Naturalization application so there would total loss of FEE so its better to apply for Indefinite first and thereafter go for NATURALIZATION/BRITISH PASSPORT.
As it is stated in Q5 in the links I pointed you at, you have two options:

- Apply directly.
- Apply for a PR confirmation first (EEA3) and then naturalisation.

In both cases, you need to provide similar evidence (mainly proof of your employment and residence during the years).

The advantage of applying for PR Confirmation first is that the application is free so if there are issues with your documents, you don't lose money.
The downside is that it takes 2-3 months to get.

vinny
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Post by vinny » Thu Feb 21, 2013 11:38 am

The other downside of having a dated confirmation of PR is that you still have to show that you had attained PR for at least one year, possibly before the date on the confirmation of PR.
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.

aledeniz
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Post by aledeniz » Thu Feb 21, 2013 12:09 pm

jimz wrote:In my case what would you suggest what should i do?
It depends from your own circumstances, I suppose. In the case of my wife, we perceived that the risk of loosing the application fee for naturalisation, £851, was very low, because of my own understanding of the law and of the naturalisation process and of having all required paperwork in place, while we perceived that the risk of not being able to travel in and out of the countries for months while pursuing the EEA4 application was much worse, as my wife's job requires her to travel a fair bit. In my own case instead, I went for the EEA3 first because I could do that using my identity card, so I could still go in and out of the country at will with my passport.
jimz wrote:I know i am eligible to apply for Naturalization because i have spent 6 Years.
There are various other requirements, in example we had to postpone the visit to the NCS after we discovered my wife had been out of the country around that date 3 years before (3 because she applied as spouse of a British citizen, having acquired permanent residency as spouse of an EAA citizen). Before applying, you should make sure you understand all of those, or otherwise seek the advise of a good solicitor.
jimz wrote:After spending 5 Years i could have applied for INDEFINITE LEAVE TO REMAIN. which i did not .
I didn't too initially, I did apply for the PR after 6 years and a few months.

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