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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11843
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi - Im a Polish national who moved to the UK in May 2004

Resolved Question:

Hi - I'm a Polish national who moved to the UK in May 2004 with my British fiance. I studied at college here in the UK between September 2004 and July 2005, and started working part time in May 2005. At the time I did not register for the WRS as I got married to my husband in July 2005, and at the time understood that this meant I did not need to register (exempt as he was a EEA national).

I would like to apply for citizenship but have been advised that I will not be able to as I did not register for the WRS (I've worked for the same employer since May 2005).

I would have thought that my marriage to a British national since July 2005 would be enough?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

Have you claimed any benefits since you have been in the UK?
Customer: replied 5 years ago.
No... I had a baby with my husband in 2008 but the child benefit is claimed in his name.
Expert:  INC replied 5 years ago.
The WRS closed on 30th April 2011.
As a national of Poland, you are no longer required to obtain permission before you start work. If you now wish to apply for Permanent residence, all you need to show is that you have been living in the UK exercising treaty rights in the UK.
Once you have obtained permanent residence and completed the residential qualifying period, you will be eligible to apply for naturalisation and subsequently a UK passport.
I hope this answers your question. If so, kindly click ACCEPT.
Kind regards
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
So I need to apply for residency first? Doesn't the fact that I have been working here, married to a British citizen since July 2005 meet the qualifying criteria for citizenship?
Expert:  INC replied 5 years ago.

First you have to apply for Permanent residence, then Naturalisation and then a UK passport.

I hope this answers your questions. If so, kindly click ACCEPT.

Kind regards,
Customer: replied 5 years ago.
I'm not sure that's right... If I go to the uk border website

I can apply using form AN on the basis of marriage. I meet the criteria stated here... But the question is on the residential criteria. As an A8 national I understand from the documentation that I will be required to prove this via employement evidence and production of a WRS certificate. As I am married to a British national I did not think this applied to me (see page 8 of the link below):

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