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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am romanian citizen living in the UK since January

Customer Question

Hi

I am romanian citizen living in the UK since January 2006 on a spouse visa until 1 January 2007- when Romania became a EU member. Thereafter i did not need a visa and was able to be employed regardless of the romanian-bulgarian employment restrictions, as i am married to a british citizen
I would like to know if i qualify to become a british citizen myself and if yes when
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi

Have you applied for indefinite leave to remain/permanent residence?

Kind regards
Tom
Customer: replied 5 years ago.
It's not applicable now for romanian citizens , since romania is a EU member
Expert:  Thomas replied 5 years ago.
Hi,

So following the expiry of your spouse visa you simply relied upon your status as an EEA member state national to remain in the UK?

Tom
Customer: replied 5 years ago.
Yes
Expert:  Thomas replied 5 years ago.
Hi, 1st Jan 2007

Thanks for your reply.

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).

Therefore if your spouse visa expired and you did not apply for ILR and simply remain here on the basis of your EEA rights then you will have to apply for PR as an EEA member state national.

Once you have completed 5 years in the UK without being outside the UK for more than 90 days in any 12 month period then you ca apply for permanent residence to confirm your right to permanently remain in the UK:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/

If your spouse visa expired on 1st January 2007 and Romania were in the EEA at this time then the 5 year period for the purposes of PR will start from this date, so you would therefore be eligible to apply for PR on 1st January 2012..

You will have to apply using the UKBA’s form EEA3, the form and supporting information is available on this link:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/

12 months after receiving PR you will both be able to apply for UK citizenship provided you meet the eligibility requirements on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

The form you will require to apply is on this page together with links to further guidance on the specific eligibility requirements:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

Once you have naturalised you will be free to apply for a UK passport.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

Dear XXXXX

My wife is british citizen, as well as my 3 children aged 7,6 and 18 months

Customer: replied 5 years ago.
Dear Tom

My wife is british citizen, as well as my 3 children aged 7,6 and 18 months
Expert:  Thomas replied 5 years ago.
Hi,

I'm afraid that does not make a difference to applying to be naturalised on the basis of your EEA rights. It does afford you an Article 8 Right to Family and Private Life but that is not relevant here as there is no question of your legal leave to be in the UK.

Thanks for your accept.

Kind regards,

Tom

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