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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have an EU residency card based on my wife's Irish citizenship.

Resolved Question:

I have an EU residency card based on my wife's Irish citizenship. My initial 5yrs is due to expire march next year. Can I apply for UK naturalization? My wife is also British citizen and we live in Northern Ireland with our 3kids.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
The eligibility criteria in order to apply to naturalise as a uk citizen is contained on the following page:
https://www.gov.uk/becoming-a-british-citizen/how-to-apply
You will note as part of the criteria that you must have held Permanent Residence for 12 months at the date that you apply.
Permanent Residence is what you get after you have been in the UK on your EEA residence card for 5 years provided that your wife/you have exercised your treaty rights during this time by working/studying/being self sufficient.
So, if you reach 5 years next year then you should first apply for PR:
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card
Technically there is nothing stopping you not applying for confirmation, since you are regarded as automatically getting PR, but it is pragmatic to apply for confirmation of it simply because it is cheap (£65) compared to the natuarlisation fee (£1005). So if for some unseen reason your PR application is disputed then you have only (potentially) lost £65 and not the higher amount. Also, you have a whole year before you are eligible to apply for naturalisation anyway so you won’t lose time either.
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 1 year ago.

But my wife isn't working and hasn't been working for the last 5yrs. I have been in the UK for over 12yrs and still employed full time.

What are the chances that I will get the EU PR?

Expert:  Thomas replied 1 year ago.
Hi,
What has she been doing during the 5 years?
Looking for work? Being self-sufficient (ie. not claiming benefits)?
Has she claimed any benefits?
Customer: replied 1 year ago.

Child birth. She was pregnant with my kids and caring for them while I work. My son is 2yrs and daughter 5yrs. Besides she was born in UK and has dual nationality- British and Irish.

Can she still be seen as a qualified person? Will she be seen as having permanent residence because of she was born in Northern Ireland, UK?

Expert:  Thomas replied 1 year ago.
Hi,
If your wife has given birth and the taken care of the children without claiming excessive benefits then you will probably be fine provided that you can prove this.
You should get PR and then, after a year, be able to apply for naturalisation
Tom
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