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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13231
Experience:  Solicitor
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Hello! I am a dual Polish and UK citizen. My civil partner

Resolved Question:

Hello! I am a dual Polish and UK citizen. My civil partner is Bangladeshi. He currently has a 5 year EEA residence card issued by the Home Office in 2009 based on European rules because in 2009 I did not have UK citizenship, I was a Polish citizen exercising my Treaty rights in the UK. My partner's residence card expires at the end of 2014. My question is, can he apply for settled status and naturalization earlier, given that I have now become a UK citizen or does he have to wait tilll the expiry of his residence card? He has been in the UK since 2006, initially on a student visa and then from 2009 on EEA residence card so basically the question is, when is the earliest he can become a UK citizen. Thanks.
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 10 months ago.
Thank you for your question. In order to apply for naturalisation he needs to have permanent residence or settlement . As he is now here under EU rules he is not permanently resident until he has been resident in that capacity for 5 years. He needs to have permanent residence for 12 months before he can get citizenship so the earliest is 2015.
Your status makes no difference to this I am afraid. In theory he could switch back to getting a dependent status of a UK citizen under the immigration rules but he would still need to get settlement which would take just as long.
It is actually easier to use EU status.
Customer: replied 10 months ago.

Thank you for your answer. I have an additional question, though. What would be the actual procedure(s) if my partner were to switch status now to a dependent status of a UK citizen? Would he not be able to apply for naturalization next year then, by virtue of being a civil partner of a UK citizen and having lived in the UK for almost 5 years on a non-student visa? I would be grateful if you could specify what applications would have to be made in this scenario, at what cost and what the current time frames in the Home Office are for such applications.
Many thanks!

Expert:  Senior Partner replied 10 months ago.
If he switched then a) he would have to do 2 years in that status before getting ILR. b) he would need to pass language tests etc to get ILR and he would then have to wait a further year after getting ILR.

It is not well known but the spouse of EU citizens have more rights than the spouses of UK citizens ( who cannot exercise EU rights in their own country ) from an immigration perspective. So no stick with the EU spouse he has a legal right to settlement in the UK after 5 years regardless of citizenship
Senior Partner, Solicitor
Satisfied Customers: 13231
Experience: Solicitor
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