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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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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

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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...
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

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


 

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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