UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).