confused on elegibility

[pink456]

Hi everyone

First post on this forum so hopefully following the right procedures

I am a non EU married to a EU citizen, married for 5 yrs in October this year.
As I am on a spouse visa now I intend to apply for PR and then for British citizenship.
My husband has a PR (the actual blue card) and is intending to become a British citizen - would that speed up or affect my applications please.

So, if in october he applies for citizenship and I apply for PR; when he gets citizenship and I get my PR can I apply straight away for citizenship myself? Or it is not possible as he wasn't a british citizen for this 5 years?

And if he doesn't become british - and so remains a EU person with PR - in order to apply for british citizenship do I need to wait 12 months after receiving PR even if he has a PR now?

Thanks in advance

[Jambo]

I am a non EU married to a EU citizen, married for 5 yrs in October this year.
As I am on a spouse visa now I intend to apply for PR and then for British citizenship.
My husband has a PR (the actual blue card) and is intending to become a British citizen - would that speed up or affect my applications please.

I assume he has the PR Confirmation following a EEA3 application after completing 5 years of residence.

So, if in october he applies for citizenship and I apply for PR; when he gets citizenship and I get my PR can I apply straight away for citizenship myself? Or it is not possible as he wasn't a british citizen for this 5 years?

He doesn't need to be British for 5 years. The day he becomes British (after the ceremony), you can apply if you have PR status. Note that you need PR status (which is obtained automatically after 5 years) not PR card. In fact, if he plans to apply for naturalisation in October, I would skip the EEA4 application for PR Confirmation and apply directly once he is granted citizenship.

And if he doesn't become british - and so remains a EU person with PR - in order to apply for british citizenship do I need to wait 12 months after receiving PR even if he has a PR now?

Each application is dealt independently. His PR doesn't matter. You need to wait 12 month from PR status.

[pink456]

Thanks for your reply Jambo, appreciated.
Yes the PR card has been granted to my husband following eea3 application.

What would be the difference for me in skipping EEA4? Are you saying because of timings or else?
Also, if I apply directly would that mean that I will be asked for more documents or is there any different requirement do you know?

Also how can I proof 5 yrs of PR status, or is that automatically gained as we've been married in those 5 yrs?

[Jambo]

Skipping EEA4 would save you money (the HO now charge £55 for application) and time (it can take upto 6 months).

As your husband already has PR, the requirements for you to obtain PR are very simple: 5 years of residence in the UK as his wife. As naturalisation also requires 5 years of residence, proving one would prove the other. EEA4 would add no value.

For proof of residence for naturalisation applications, normally a passport is enough. For EEA4, the HO requires additional proof such as tenancy agreements, utility bills, council tax etc.

[pink456]

Thanks Jambo, when you say a passport is usually enough, do you mean my husband's passport is enough for the naturalisation application? Why would that be, is it because it's an EU passport?

Thanks

[Jambo]

I mean your passport. To support your naturalisation application, proof of your residence is normally satisfied by a passport. You will also need to submit your husband passports (EU one and British one) and PR Card. When applying for EEA4, more evidence of your residence is required (passport is not enough). Different applications with slightly different requirements for evidence.

[pink456]

thanks a lot !

[Amber]

Hi all,
My husband is a EU passport holder, with a BA (taken in Italy, with 3 english language written texts and scores but scores are not IELTS or anything like that they are "good" "very good" etc), would that make him exempt from the language exam requirement?

Under KOLL, he needs to just pass the Life in UK test?
And if he applies after the 28th of October this year, he needs both life in the uk and an ESOL certificate?

I am not sure why he would now need to pay for a ESOL certificate given he's been working for 5 years in UK, using the language, and also has a permanent residence. Any clarification would be much appreciated!

Many thanks in advance

[Amber]

If his degree is comparable to a UK degree and was taught in English that should satisfy the new B1 requirement in addition to LIUK after 28-Oct-2013.

[pink456]

Is there a definition of comparable to UK standards?

The degree was not taught entirely in English, only 1 subject was (English Language & Literature).

Thanks

[Amber]

NARIC decide if an overseas degree is comparable to a UK degree.