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#1 Posted : 11 February 2009 11:33:13(UTC)

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Your wife must apply for permanent residence and after she gets it she must be waiting for 12 months before applying for naturalisation as a British citizen.
#2 Posted : 20 February 2009 08:54:11(UTC)

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Hello Sammy,

Many thanks for your reply.
In the mean time, I called the Naturalisation office and based on the
current UK Natualisation law, this is what they told me:

- My wife will automaticaly get the PR status in June 2009 (5-years
resident with EEA-2 permit). A PR stamp on the passport is not
a must as long as her current EEA-2 has not expired (my wife EEA-2
will expire in Sept. 2010).

- Since I now also have the British citizenship, she does not have to
wait 1-year before applying for British citinzenship. In other words,
she can apply for British Citizenship straight after she gets the
automatic PR status in June 2009.

PS: all this info are listed in the Home Office UK Border Agency

Hope this info helps other in the same situation as my wife.


#3 Posted : 20 February 2009 08:54:11(UTC)

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Joined: 20/10/2009(UTC)
Posts: 0

Hi all,
I am sure that my question has been answered in other posts, but
I just want to be 100% sure, I called HO several time and funny enough
I got different answers to my question blink.gif

I am German Citizen living and working in the UK since 1999.

I hold a EEA3 permanent Resident since 2004. My wife is an non-EEA and hold an EEA2 resident since June 2004 that expiers in Sept. 2010 (1 Y EEA family permit + 5 Y EEA2).

In early 2006, I applied for British Citizenship and was granted it. I now hold both German & British passport.
My wife will finish her 5 years stay in the UK in June 2009 next year.
My question is, does she need to send her passport to the UK-BA to apply
for the EEA4 Permanent Resident or does she get that status automaticaly,
as she is dependent on me, and I am still exersising the EEA treaty since 1999 non-stop.

As far as I know, she gets automatic Permanent Resident in June 2009. And then in June 2010, she can apply for British Citizenship.

On the UKBA British Citizenship website, the standard requierment for EEA national and thier Family members states clear that EEA family members (That can also be non-EEA nationals) do not need to apply for a PR:

UKBA British Citinzenship

European Economic Area nationals and Swiss nationals
If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

The reason I ask for this, is that I know how long a EEA4 PR will take, I know the pain from many posts on this Forum. And that EEA4 stamp is nothing but a confirmation of PR, in which is really a 10-year resident and not a true "No Time Limit". So really a EEA4 stamp on the non-EEA national is not a MUST.

So the Question is: Does my wife need to apply for the PR in EEA4 or does
she gets that status automaticaly after staying 5-Y in the UK married to me
and I exersising my EEA treaty in the UK?

Many thanks to all and wish all the readers a Happy New Year 2009
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