8 replies to this topic

[ksenia87]

Hello,
I would like to ask for your advice about a quite a complicated situation I am in. My husband has both British citizenship and one of another EEA country.
I have came to the UK with a fiancè visa, then got married and got a 2 year FLR visa as I am married to a UK citizen.
However, for some crazy reason, once that expired instead of applying for ILR I have requested a residence card as family member of a EEA citizen.
In february 2013 it will be 5 years that I am in the UK, 3 of which I have been resident with a residence card.

I was wondering if I can apply for British citizenship as I am not sure I meet the residential requirements.

http://www.ukba.home...rtnerofcitizen/

If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.

I basically haven't been exercising my EEA free movement rights for 5 years but only for 3 years.

[Victoria]

That was indeed crazy.

Did your husband have his EEA citizenship when you married and has he been working all the time

[ksenia87]

Hi Victoria,
thank you for your reply
yes, he had both citizenships since birth and has always been working

Edited by ksenia87, 20 December 2012 - 12:52 PM.

[Victoria]

Then you can apply for naturalisation 5 years after the wedding, but you need to submit evidence of his treaty rights.  You might want legal assistance, and don't forget your Life in the UK test.

[ksenia87]

Thanks again
however I am still confused. You are saying that I can apply after 5 years after the wedding however I cannot find any information about this on the Home Office's website. Shouldn't it be 3 years for marriage and 5 years for residence basis?
So basically are you saying that I should apply based on 5 years of being resident? But if that's the case I wouldn't qualify as a permanent resident as I have excercised my EEA treaty rights only for 3 years.... Oh sorry... I am just so confused

[Victoria]

You have been the spouse of an EEA national for 5 years, even if you haven't been issue with the card proving this.

[ksenia87]

ohh that makes perfect sense! I understand what you mean
but what will it be when they will see my UK fiancè visa and my FLR visa? should that be ok?

[Victoria]

It doesn't matter.  Your PR is based on EEA law.

[ksenia87]

Thanks again. It all makes sense now! You have been really kind