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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10793
Experience:  Barrister 17 years experience
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I am an EEA citizen living in the UK years just

Resolved Question:

Hi,
I am an EEA citizen living in the UK for 5 years just over 5 years. I have exercised the rights of the Treaty continuously except for a period of 2 months, when I moved to one job to another job. I am married to a British for 3 years. Do I qualify to request permanent residence?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
If so:
1) what is the form I need to fill in for me and for my 6 years old daughter, who is with me since I moved to the UK
2) is the the card which is going to allow me to then apply for citizenship for both of us?
Expert:  Buachaill replied 1 year ago.
1. Dear Dora, yes, you qualify for both permanent residence and UK citizenship based on your marriage for three years to your UK spouse. So you should get the UK citizenship forms and fill them in and send them off so as to obtain British citizenship. Be aware that you would also qualify for Indefinite Leave to Remain based on your five years residence,but this would then involve a further one year wait before citizenship. So you are better off apply directly for UK citizenship based on your marriage for three years to a UK citizen residing in the UK.
Expert:  Buachaill replied 1 year ago.
2. Dear Dora, here is a link to the UK Government website which sets out the requirements for applying https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen. Here is a link to the form you fill in to apply for citizenship https://www.gov.uk/government/publications/application-to-naturalise-as-a-british-citizen-form-an.
Expert:  Buachaill replied 1 year ago.
3. Your daughter will have to apply for IndefiNITE Leave to remain before she can apply for citizenship (unless of course her father is the UK spouse). She then can apply for citizenship one year later. She doesn't qualify on the same basis as you do because you are the spouse of a UK citizen.
Expert:  Buachaill replied 1 year ago.
4. Please Rate the Answer as unless you Rate the Answer your Expert receives no payment for answering your Question.
Customer: replied 1 year ago.
Thank you for this. What confuses me is when in the link you sent, the HO says that I need a permanent residence document or card, being a EEA citizen. Can I still apply for citizenship without this document? Many thanks
Expert:  Buachaill replied 1 year ago.
5. You should already have sought and obtained a permanent residence card. This is what you need after you have lived for six months on your EEA Family Permit in the UK, as the EEA Family permit is only valid for six months. The permanent residence card is valid for five years. So I would suggest you get a permanent residence card. In point of law, it is not necessary but it is proof that you have a valid right to live and work in the UK AND THAT you are in fact in the UK. So get one and then apply for citizenship.
Customer: replied 1 year ago.
Ha! Now I understand what you mean. Immigration law is very complex. Re my eldest daughter, her dad is not British but I do have a sole residence order issued by an English Court. Will I be able to apply for citizenship for her once she meets the residence requirement + 12 months?
Expert:  Buachaill replied 1 year ago.
6. Yes, you will be able to apply for citizenship for your daughter once she meets the residence of five years plus the one years Indefinite Leave to Remain requirement.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks. It was very helpful.
I may come back again in the future. Regards
Dora
Customer: replied 1 year ago.
Just one last question on the same issue: I understand that my daughter only qualifies for citizenship in the EEA family member route after having the permanent card for 12 months, which is fine. But once I am a British citizen can't I apply on the basis that she has a British parent straight away, being that she is 6 years old and is here since she was 1? Thanks