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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a USA citizen in a Civil Partnership since 2007 with an

Resolved Question:

I am a USA citizen in a Civil Partnership since 2007 with an EEA national. I received entry clearance and came to the UK in July 2008. My passport has a 5 year Residence Permit expiring August 14, 2014. My partner became a British citizen January 3, 2012. When she went to renew her Netherlands ID card in September 2013, the Dutch authorities wrote back and said she lost her Dutch nationality as they do not have dual citizenship and backdated it to 2012. They said she could appeal. She appealed and her case is still pending. I understand I can apply for ILR (EEA4) form 28 days before my 5 year deadline in July 2014. An immigration lawyer told us I can apply with the EEA4 form right away. Is that true and is it safe or should I wait until July 2014. When we found out in Oct. 2013 about the change for my partner, following the information on my resident permit letter, we informed the Border Agency on Oct. 2, 2013. What should I do? Thank you in advance for your help. Dr. XXXXX XXXXX -XXXXXX  ([email protected])

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Dr,

If your partner has been exercising treaty rights in the UK since you first arrived in July 2008, you may apply for permanent residency straight away using form EEA4.

In fact, as your partner is now a British Citizen, you do not even need to apply for permanent residency as you get that automatically after living in the UK for 5 years as an EEA family member provided your partner has been exercising treaty rights in the UK.

It would appear that you are eligible to apply for British citizenship immediately and both the UK and USA allow dual nationality.

So, you may apply for EEA4 confirmation of your PR and once you get a PR card, you may then immediately apply for British Citizenship, or you may bypass EEA4 and apply straight for British Citizenship.

Hope this helps
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Customer: replied 3 years ago.

Thank you so much for your help, JA. We wish we had found you sooner. It would have saved many sleepless nights. Your response was clear, concise and effectively written. We will finish the EEA4 application and send it off as soon as all the info is gathered.


 


Also we didn't know about the British citizenship thinking we had to go through several more steps before that was possible. You help is invaluable. Dr. Sharon Brassey-Brierley

Expert:  UKSolicitorJA replied 3 years ago.
You are welcome.

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