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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am working in UK as a consultant physician ( sbustantive

Customer Question

I am working in UK as a consultant physician ( sbustantive post) since october 2007,I am also an EU citizen (Irish) , my wife is a libyan citizen , she lives with me in uk, she has a residence permision in her passport with a type of document " residence card of a family member of an EEA national "with employment and business activities allowed, this has been issued on feb 2010 and valid till feb 2015 , however her stay in uk was since 2007 but then she had to wait for almost 2 years to get her pasport stamped and back.
We also have 3 daughters who are irish citizen.
My Qs ;
1- am I eligible to apply for british citzenship , when and how?.
2- are my kids also eligible ?
3 - is my wife eligible to apply also , what are the requirements ?
Thank you very much
Kind Regards
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question

In order for you to naturalise as a UK citizen you – as an eea national exercising your treaty rights in the UK must first obtain Permanent Residence. You can apply for this once you have been in the UK exercising your treaty rights (ie. working) for a continuous period of 5 years with only short absence:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/

You would have to apply once you have reached the 5 year period you would have to apply using UKBA Form EEA3

The position is the same for your children. The fact that you obtain UK citizenship would not mean they would automatically be eligible for citizenship too, though any subsequent children that are born would be. They would first have to apply for PR after being here for 5 years and then naturalised after that.

If your wife entered on the basis of a family permit for a non-eea spouse of an eea national (ie. you) but did not actually receive her residence card then you will be able to argue that she has been exercising treaty rights from when she entered the country but you would have to prove this with documentary evidence (ie. passport containing date of entry).

Once you have obtained PR you will be eligible to apply to apply for naturalisation once you have held PR for 12 months and otherwise meet the eligibility criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

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I will answer your follow up questions you may have.

Kind regards,


Tom
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Customer: replied 5 years ago.
thank you very much , this is very usefull,
I just need more clarification about my wife.
Does she need to stay here for continuous 5 years to qalify for PR status and hence for citizenship after a year, deos she need to have a national insurrance number before she applies and do we need to have joint bank statement/utility bills before hand .
also for me i
will be finishing 5 years stay in uk by 0ct 2012, what evidence they will require to prove it.
kind regards
Customer: replied 5 years ago.
thank you very much , this is very usefull,
I just need more clarification about my wife.
Does she need to stay here for continuous 5 years to qalify for PR status and hence for citizenship after a year, deos she need to have a national insurrance number before she applies and do we need to have joint bank statement/utility bills before hand .
also for me i
will be finishing 5 years stay in uk by 0ct 2012, what evidence they will require to prove it.
kind regards
Expert:  Thomas replied 5 years ago.

Hi,

 

She needs 5 continuous years in the same way you do.

 

You would have to submit evidence that you have been working for those 5 years, so bank statements are helpful, as are tax returns and tax documentation. After that you have to prove your identities and that you are married.

 

Kind regards,


Tom