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Can this still happen ?

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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Green apple
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Posts: 32
Joined: Wed Nov 27, 2013 10:20 pm

Can this still happen ?

Post by Green apple » Mon Dec 16, 2013 4:15 pm

I have came across this question that had been posted in forum, can this still happen was posted on
- Wednesday, 10 February 2010, 4:04 PM

To whom it my concern.
I would like to share this information with anyone that is in the same boat as my wife was
and how she was successful with her Naturalisation application.

- I am EEA citizen and living since 1999 in UK. Working since that time with full
P11D. I held in Y04 the IRL.

- My wife a NON-EEA arrived in the UK in June 04. Held a 1Y Family Permit of EEA.
She is house wife and not working (Her Family Permit is depended on me)

- In Y05, my NON-EEA wife applied for her EEA2 and got it for 5-Years, which
expires in Sept 2010.

- In Y08 I "a EEA citizen" my Naturalisation application was successful and became British
citizen.

- In June 2009, my wife finished her 5-Year stay and automatically held the "Permanent Residency"
based on the UK EEA law. She did not need to apply for EEA4. It was not a must.

Because she holds a EEA2 permit valid until Sept 2010, and she is allowed to apply for
British Citizenship on June 2010 (One-Year on Permanent Residency rule), she really
did not need to send her passport to get EEA4 and everybody in EEA rule knows how long that
take ;)

BUT, there is a short cut, UK citizenship law for EEA and thier family member either EEA or NON-EEA
states that the family member can skip that one year Permanent Residency status if his/her
EEA spouse in the mean time has become a British Citizen.
All this info is clear on The UK Border Agency website.

This meant, because I (The husband) am now also British Citizen, my wife did not need to wait
for one year on her "Automatic" Permanent Residency and is able to apply for British Citizenship
in June 2009, the day she got her Automatic EEA Permanent Residency.

This saved her two things:
1- No need to send her passport to get EEA4 stamp (Lord knows how long that would have
taken)
2- Reduced her Residency Rule for EEA and thier Family member (NON-EEA) from 6-years
(5 years EEA2 & 1 Year PR) to 5-years.

Now, because she is not working and never worked yet (looking after our kids at
home), these are the documents needed for her Naturalisation Application.

NOTE: I would advice anyone in the same situation as my wife was to send their
naturalisation application via Council service "Nationality Checking Service". In my
wife case, while we where there, they called direct the Naturalisation Case worker who knew
very well all the laws and rule and confirmed the above and short cuts and the documents
needed.

So here ware the documents needed in the case of my wife:

Note: Services via Nationality Checking Service, you can keep the original
documents + passports. They certify the photo copies.

1-The Husband EEA & British passport
2- The Husband Naturalisation as British Citizenship certificate.
3- The Wife (Applicant) NON-EEA passport (with EEA2 stamp)
4- Life in the UK test pass certificate
5- Since the wife does not work, the then Husband last 6-years P11D
6- Letter from GP or Dentist confirming that the wife has been registered at them
for the past 5-years and is regularly visiting the practice (This proves that she has
been resident in the UK for 5-years, as she does not have P11D).
7- Our marriage certificate
8- Up-to-date Council Tax statement (To confirm the address)
9- Utility Bill as another confirmation of address
10- Last three months Bank statement (Applicant if he/she has one or from the
EEA/British spouse).

My wife time line :
- June 2004 Arrived in the UK with 1-Year EEA Family permit
- Sept 2005 EEA2 stamp (Resident Document) valid until Sept 2010
- June 2009 My wife applied for British Citizenship based on the above laws
and described.
- Sept 2009 British Citizenship Application successful
- Oct 2009 British Citizenship ceremony
- Oct 2009 British Passport

If anyone is in the same situation and unless the current Citizenship Law does not change .

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Dec 16, 2013 4:57 pm

TL;DR

Can you summarise?
An chéad stad eile Stáisiún Uí Chonghaile....

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Can this still happen ?

Post by askmeplz82 » Mon Dec 16, 2013 5:10 pm

i am confused here : What is your question again?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Green apple
Newbie
Posts: 32
Joined: Wed Nov 27, 2013 10:20 pm

Post by Green apple » Mon Dec 16, 2013 5:32 pm

Thank you guys for the reply sorry if it's not clear enough
I quoted this from a forum, my question is if a non EEU family member that is married to a british citizen wanted to apply for naturalisation this way( after five years of residence under the European law automatically permanent so no need to apply for EEU4 permanent residence plus no need to wait for 12 months before applying if married to british ) is it possible ?
This question was asked in 2010 so did any rule changes happen since then ?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Dec 16, 2013 7:45 pm

Rules have not changed. See similar discussion here.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

Green apple
Newbie
Posts: 32
Joined: Wed Nov 27, 2013 10:20 pm

Post by Green apple » Mon Dec 16, 2013 10:38 pm

Thank you so much very helpful. from what it understood the best advice is to go for it and provide a covering letter that links things together for the case worker . I'll let you guys know how it goes thanks every one .

Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Mon Dec 16, 2013 10:54 pm

When the applicant's spouse's nationality is mentioned as "British" in the application form, HO will know the story.

They have been handling this kind of applications for more than a hundred years, so nothing new for them. :wink:

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

Post by vinny » Tue Dec 17, 2013 12:00 am

The BNA came into force in 1983, less than one hundred years ago.
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.

Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Tue Dec 17, 2013 12:35 am

hundred years = long time. does not have to literally be 100 years.

I guess 30 years is long enough for HO to know how to work out if an application falls to be considered under section 6 (2).

I am sure before BNA 1981 came into force, there were considerations in the previous acts about the spouse's british nationality.

Green apple
Newbie
Posts: 32
Joined: Wed Nov 27, 2013 10:20 pm

Post by Green apple » Tue Dec 17, 2013 8:45 am

I was very sure that my case was possible until my solicitor called me to inform me that he has spoken to a barrister about my application and adviced him that it's not possible use European and British law together !
my solicitor was saying you have to choose another route which is getting a permenant leave instead , he seems so confused that he said I'll call you in two days to ask around !!

Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Tue Dec 17, 2013 9:28 am

You solicitor is most likely not a solicitor. Probably just an OISC level 1 advisor aka just a form filler with no brain. If he does not know this basic thing, then he is not even fit to fill up a library form, let alone dealing with nationality matters.

If he has infact spoken to a barrister ( I doubt it though) and that barrister has told him what he has told him, then that barrister needs to be locked up under mental health act. :evil:

Green apple
Newbie
Posts: 32
Joined: Wed Nov 27, 2013 10:20 pm

Post by Green apple » Tue Dec 17, 2013 11:13 am

I checked the link which was posted by vinny and it's very clear that the case above is not a complicated one indeed thanks everyone as I said I'll give it a go if god wells it's gonna happen :)

Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Tue Dec 17, 2013 11:42 am

I am sure it is God's will. If it wasn't God's will, he would not have guided our legislators to include secton 6 (2) in BNA 1981.

Praise the Lord. :)

Green apple
Newbie
Posts: 32
Joined: Wed Nov 27, 2013 10:20 pm

Post by Green apple » Tue Dec 17, 2013 11:27 pm

True that Ayyubi72 thanks a lot :) I'll update you guys

pemsrp
Newly Registered
Posts: 5
Joined: Tue Feb 04, 2014 3:27 pm

Re: Can this still happen ?

Post by pemsrp » Wed Feb 05, 2014 9:36 am

Hi Green Apple,

What was the outcome, please share if you success to BC, skipping 1 yr residency.

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