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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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My family and I are Bulgarian and have been living legally

Resolved Question:

My family and I are Bulgarian and have been living legally in the UK for almost 9 years.From 2001 till 2007 we had resided on leave to remain based on self employed basis for my husband.At the beginning of 2007 until at present we obtained a blue certificate based on the "Treaty right" for EEU nationals only to residence and work free of restrictions in the UK
My question is:
Do we qualify for British citizenship and are we eligible to submit our applications now?...... Meanwhile our son is 19 year old and now he is at Uni.He has been with us in the UK all the time.Would he qualify to apply for British citizenship on his own?And if yes what is the procedure? Thank you Albena
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 4 years ago.

In order to get British citizenship (not on the basis of marriage to a British Citizen) you need to have completed 5 years lawful residence in the UK including at least 12 months free from immigration control with settled status.

 

You certainly meet the 5 year residence requirement however you do not seem to meet the 12 month settled status requirement. For EEA citizens, you need to have obtained your permanent residence and have completed 12 months on that. As you have only been EEA citizens for 3 years, you will not be eligible for your permanent residence for another 2 years as you need to have 5 years exercising treaty rights to obtain this status.

 

As non-EEA citizens, your husband would have needed to have completed 5 years as a self employed person to obtain his ILR.

 

Unfortunately as you switched from non-EEA to EEA in 2007, you have not satisfied the requirements for either and so you will need to wait for a another 3 years before you can apply for citizenship under the rules.

 

Be aware that if you submit your application without meeting the rules, the Home Office may well refuse your application but still take your fee so it is a good idea not to apply until you are sure you meet the requirements.

 

I hope this answers your question in which case please Accept. If you require any further information, please ask.

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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