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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I am a EU citizen (married to a UK citizen) and I have

Resolved Question:

Hi

I am a EU citizen (married to a UK citizen) and I have a child from a previous marriage that was born outside the UK. I will soon meet the requirements to acquire citizenship but I am unsure if I will be able to register my daughter as British, considering that it is likely that her biological father will not give his consent.

I do have a residence order issued in my favour by an English Court. One of the specific issues order is that passports should only be held by myself.

Do I need his consent? In case I do need his consent and he does not grant it, what are my alternatives? He refuses to see his daughter in the UK...
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

How old is your daughter?
Customer: replied 3 years ago.

5 years old and lives in the UK with me and my actual husband (British) since she was 1

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

Consent of both parents is normally required but as you have a residence order and a specific issues order in your favour, you should submit copies of these orders along with your daughter's application for registration as a British Citizen.

You should submit both your naturalisation application and your daughter's registration application together as part of a family application, along with copies of both orders.

Can I help further?
Customer: replied 3 years ago.

Thank you.


 


Yes, please.


 


Well, my husband and I thought that by now I should meet all requirements to apply for citizenship based on marriage. However, in order to do so, I understand I need ILR, which is only granted to EEA citizens after 5 years of exercising the rights of the Treaty (I have been doing so for nearly 4 years).


 


Is it correct, ie., that EEA spouses are discriminated when compared with non-EU citizens? I mean, I do not require a spousal visa and even if I had wanted to apply for one, the Home Office states that being a EEA citizen, I should not apply for one, but without that visa I can only apply for ILR following 5 years of residence and cannot apply for citizenship in the basis of marriage...


 


Thank you


 

Expert:  UKSolicitorJA replied 3 years ago.
There is no discrimination.

It used to be the case that spouses of British Citizens could get ILR after 2 years in the UK and apply for British citizenship after they had been here for 3 years, but now, they get ILR after 5 years which is the same time EEA nationals take to become Permanent Residents, so there is no advantage for an EEA national to apply for a spouse visa at a huge cost over exercising treaty rights for 5 years and getting PR automatically.

As you are married to a British citizen, you mY apply for citizenship straight away you become a PR without having to wait for another year.

Hope this clarifies. Please leave feedback
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