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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a EEA passport holder (Netherlands), married to a UK citizen

Resolved Question:

I am a EEA passport holder (Netherlands), married to a UK citizen for the past 18 years and have lived for the past 3 years in the UK in permanent employment.
Am I eligible to apply for British citizenship or do I have to wait for 5 years residence?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
As you will see from the following link, in order to become a UK citizen you must hold Permanent Residence in the UK:
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
To be eligible for PR you must have resided in the UK exercising your treaty rights as an EEA national for a period of 5 years. Once you have reached 5 years residence you can apply for confirmation of your PR
Once you have PR you can apply for naturalisation immediately (rather than having to wait a further 6 months) provided that you remain married to a UK citizen and assuming that you meet the other eligibility criteria on the above link
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks Tom

I also have a South African passport which I understand would have allowed me to apply for citizenship application after 3 years (due to marriage)? I assume that as I have been working amd living here under my Dutch passport, that this would not be possible?

Regards

Bruce

Expert:  Thomas replied 2 years ago.
Hi Bruce,
Correct.
It may have done only if you entered on a spouse visa (which is what SA citizens do), but as you simply entered under your Netherlands' passport and therefore under EEA rights.
Therefore, there is no possibility that you might apply any earlier than after 5 years residence.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks Tom

Expert:  Thomas replied 2 years ago.
You're welcome.
Tom
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