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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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Hi, can you confirm if a Hungarian (EEA) citizen, needs to

Customer Question

Hi, can you confirm if a Hungarian (EEA) citizen, needs to wait 3 or 5 years before applying for UK citizenship if married to a UK citizen and did not obtain ILR? Gov.uk booklet is contradictory, makes no sense would be longer for EEA vs non EEA citizens...
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

UKSolicitorJA : Hello,
UKSolicitorJA : the Hungarian national can apply for naturalisation after 3 years in the UK on the basis of marriage to a UK citizen but he or she needs to have ILR on the date of the naturalisation application.
UKSolicitorJA : if the Hungarian national is living in the UK under EEA legislation and exercising treaty rights, he or she will only be eligible for permanent residency after 5 years which is when he or she can apply for naturalisation
UKSolicitorJA : No ILR or PR means no UK citizenship.
UKSolicitorJA : can I help further?
Customer: replied 3 years ago.

Thanks. Just to clarify, is the ILR needed to apply after 5 years? Or just 3 years? My wife moved the UK in Oct 2010 and we were married Aug 2013, so think easier just to apply at 5 years in Oct 2015 to avoid need for ILR. ILR is extra £1000 cost on top of the £1000+ for citiszenship application. Does that make sense?

Expert:  UKSolicitorJA replied 3 years ago.
ILR or PR is needed for both 3 years or 5 years.

She will get PR in 2015 on her 5th anniversary in the UK and she may apply for British Citizenship directly on or after her 5th anniversary assuming you are still married to her.

Hope this clarifies