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Thomas
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Category: UK Immigration Law
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Bulgarian becoming UK citizenship

Resolved Question:

Hi, I'm a Bulgarian and I've been in UK since 01/2006. Now Bulgaria is part of EU (01/2007) and I have the blue card to work here. My question is when I'm entitled to apply for UK citizenship? Kind regards, Alexander

Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

In order to apply for naturalisation a person be free from immigration time restrictions 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 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/


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.

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Kind regards,


Tom
Customer: replied 2 years ago.

Are you honestly understood what I asked you? You just copy the same answer you answered to a polish guy. and if you check my question I'm asking specifically for Bulgarians. Come you are charging me for nothing.


Could you fix your reply with something more specific?

Expert:  Thomas replied 2 years ago.
Hi,

It's the same answer because it's the same question (you're both EEA nationals) and therefore correct.

The blue card that you hold is proof of your right to work in the UK without restrictions, so it's simply the case that once you worked in the UK for a period of 5 years you can apply for Permanent Residence.

Thereafter you can apply for naturalisation as above.

If you suspect your situation is different please tell me why and I will tell you whether my answer is amended.

Please remember to rate my answer.

Kind regards,


Tom
Customer: replied 2 years ago.

No the blue card is the same register certificate which you are su8ggesting to apply after 5 years http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/


Which is the Permanent Residence.


 


Check this out:


http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/

Expert:  Thomas replied 2 years ago.
Hi Alexander,

You have stated you have a blue card. Please refer to the following guidance notes, specifically at the bottom right of page 1 under the heading "Blue Registration Certificates" for confrimation.


The differences in treatment to Bulgarian nationals relate to what they have to do BEFORE they work in the UK. Once you are here and working you have the same right to apply for Permanent Residence and thereafter naturalisation in the same way that other EEA nationals can.

Look at the link to the page for apply for PR, there is no separate section or application form for Bulgarian nationals.

Please remember to rate my answer.

Kind regards,


Tom
Customer: replied 2 years ago.

Hmm,


I still do not believe you are right I just opened the guide for this PR:


http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/guide-eea.pdf


And it is clearly stated on the first page on the bottom that this is not applying for Bulgarians.


So please can you give me proper answer or I need to dig every detail for you.


I know it is complicated other wise I would not ask you :-)


 


 


Alexander

Expert:  Thomas replied 2 years ago.
Alexander,

The first page says that because a large part of the form relates to what an EEA national (non-Bulgarian/Romanian) can do once they are here in order to legally work. The rules on legally working for Bulgarian are slightly different but once you have your blue card you are entitled to work.

Ultimately I can do no better than refer you to s15(1)(a) of the The Immigration (European Economic Area) Regulations 2006:-
http://www.legislation.gov.uk/uksi/2006/1003/regulation/15/made

The above confirms the right of EEA nationals who have worked legally within the UK for 5 years to apply for PR. If you have obtained your blue card then this means you are legally able to work in the UK.

I can also refer you to the very form used to apply for PR:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea31.pdf

Please refer to section 12 and the list of nationals who may exercise treaty rights in the UK. You will see that Bulgarian nationals are included.

Tom
Customer: replied 2 years ago.

Ok thanks for that I understand that it is a tangled matter :-)


From your answer I get that there is no actually strait answer :-)


 


 

Expert:  Thomas replied 2 years ago.
Hi,

That's a matter of opinion.

If you would rate my answer I would be grateful.

Tom
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