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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7748
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My husband is Italian () - he has lived here for just over 3

Customer Question

Hi there, my husband is Italian (I am British) - he has lived here for just over 3 years. Please could you tell me the basic requirements for him to apply a British passport. We are slightly confused by the permanent residency card requirement and whether this is needed in every case. Does being married make a difference at all? Thank you
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your question. I will try to help.

In order to apply for naturalisation a person be free from immigration time restrictions. In the case of a person here on a spouse visa this is called Indefinite Leave to Remain. For EEA member state nationals this is called Permanent Residence. Having EEA rights without PR does not entitle EEA nationals to permanently reside in the UK, it just entitles them to remain here whilst exercising EEA rights (ie. working).

He must complete 5 years in the UK on his current residence card, then he can apply for confirmation of his permanent residence:

https://www.gov.uk/government/publications/apply-for-a-permanent-residence-document-or-permanent-residence-card-form-eea-pr

Only once he has received his confirmation of permanent residence can he apply for naturalisation. This is a legal requirement and cannot be avoided. The eligibility criteria is here for persons married to UK spouses and please pay attention to the residence requirements:

https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

Once he has received his certificate of naturalisation he can apply for a UK passport .

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Kind regards,

Tom

Customer: replied 3 months ago.
just confused as to why it mentions 3 years?