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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am british citizen, married to my husband (from Romania)

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I am british citizen, married to my husband (from Romania) in 2005 but at the time he was waiting for his asylum application to go through which later had been refused. He went back to romania and then came back in 2007 went Romania enter the EU. I read on Home Office website that he might be able to apply for british citizenship as being married to me for at least 3 years but I called Home Office and was told that it didn't matter that he was married to me because he came here in 2007 under european law and that he would have to apply for permanent residency befor he can become british citizen. I'm a bit confused. can you please clarify for me what is it that we can apply for now? many thanks
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.


Thanks for your question.


A non-UK national must either have indefiniate leave to remain or permanent residence before they are able to apply for naturlisation.


The difficulty is that he has been here as an EEA citizen excercising his treaty rights. He has not been her as the spouse of a UK national in the same way that a non-eea national would be if they obtained a spouses visa. He therefore must seek his permanent residence (essentially Indefinite leave to remain under another name) and UK citizenship under EEA rules.


This means that he must wait until he has completed five years here starting from the date in 2007 when he came. His stay must be continuous during this time which means that he cannot have spent more than 6 months outside the UK. Once he has achieved this he can apply for PR using the UKBA's EEA3 form.


Once he has PR he can apply for naturlisation as UK citizen 12 months after receiving PR provided he meets the criteria on the following page:-


Sorry it could not be better news. Presumably it will not be that long until he has his five years and therefore can apply for naturalisation some time next year.


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Kind regards,


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