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Applying for British citizenship

35 replies

chocorabbit · 10/06/2015 10:14

I am trying to find information. My husband has e-mailed the relevant department who have just e-mailed back some general, useless and totally unhelpful FAQs instead of actually answering our questions, saying "IMPORTANT - PLEASE READ AS YOU WILL NOT RECEIVE ANOTHER RESPONSE" Angry Moreover, they never answer our calls even after having waited for 1 hour on the phone! I would appreciate any help!

  • I am an EU citizen (my country joined the EU in the 80s I think?)
  • I have lived in the UK for more than 15 years. (Initially did my BSc, MSc)
  • I have been married for more than the 3 years required.
  • We have 4 children
  • I have never worked for an employer (which sadly could prove that I have lived in the UK)
  • I have never claimed any benefits, including child benefit because my husband does (which again could have proved that I live in the UK?)
  • No bills are in my name
  • If I follow the marriage route they need my ..ILR. I obviously do not have ILR because as an EU citizen I don't need one and I thought that would make matters easier for me but then other sources say that I need a residence card!?
  • Do I need to apply for an EU residence card?
  • What proofs of address could I use? My husband's tax credits letters from the HMRC have my name as well on them. Do they count? Council tax letters? Council's rent agreement? Mortgage agreement?
  • I am mentioned as a secretary in my husband's company's letters from the HMRC. Do they count as proof of address?

My husband has told me that any lawyers that he knows only have experience in Asian people/visas and not EU nationals and that they refuse to take up my case.

Thank you for reading this and any help will be greatly appreciated!

OP posts:
EvaLongoria · 13/06/2015 19:11

I'm currently applying for citizenship but I'm not from the EU, but join the Immigration board they Are fab with advice.

larkspurr · 13/06/2015 20:05

A good immigration solicitor would be able to help an EU national in this position. You can find one by contacting the Law Society or using the 'find a solicitor' tool on the SRA website.

MissMooMoo · 17/06/2015 10:09

was going to suggest the immigration board as a pp has as well.
I naturalized this past April but I was not a citizen of an eu country.
goodluck

chocorabbit · 17/06/2015 17:59

Thank you all for your suggestions!

I have found many solicitors from the Law Society website that I had no idea ever existed!

My husband phoned the Gherson solicitors suggested by a pp and they said that it's hard because I don't work, I don't have private medical insurance which could have helped and should get now! My husband working does not seem to help according to them, neither my bank balance and other assets Confused Is it a requirement for somebody to earn above a specific threshold? FGS, I know people who don't know enough English (and don't work) to save their life, let alone understand the Life in Britain book but have got citizenship Confused

Anyway, I will try the immigration board and also will try to contact as many of the lawyers as possible found with your help!

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Thistledew · 17/06/2015 19:00

You will need to show that you have acquired a permanent right of residence by demonstrating that for a 5 year period you have worked, been self employed, been a student or have been self-sufficient. For the last two categories you will need to show that you have also had private health insurance. This does not have to be the most recent 5 years- it can be any period in your past (can't recall off the top of my head whether it has to be continuous or not).

If you can't show this then I'm afraid you don't qualify for permanent residence, and if you haven't got that then you can't become British. You should also seek advice to make sure that you can demonstrate a current entitlement to reside here.

I have a horrible feeling that if the UK were to leave the EU there would be a lot of people who have lived here for years and years who would suddenly have to demonstrate they have been here lawfully and would find to their shock that they have not. Even if you are an EEA member there are rules and criteria to meet. You can't just live in another EEA country without ensuring you meet them.

chocorabbit · 22/06/2015 09:35

Sorry for not having seen the reply.

I HAVE lived here lawfully. What is a "current entitlement to live here"? I can move freely in any EU country without any restrictions. But it seems that although EU citizens have those rights there are double standards when they get to apply for citizenship. I know countless Asians who do not work but their husbands do and for them this is enough to get citizenship. Why do I need to show that I work though? It seems that I will never qualify. It seems that no matter how many HMRC letters, GP, council tax, my children studying in schools here etc I have proving that I have lived here will not do.

OP posts:
chocorabbit · 22/06/2015 09:55

Oh, I just checked about the "entitlement to live in the UK" and they need your passport to have stamps proving that you have entered and lived here something that obviously EU citizens' passports do NOT have. It seems that everything helps non-EU citizens. Only very few solicitors seem to have an idea about my case and they will "come back" to us.

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chocorabbit · 22/06/2015 09:59

Does anybody know how much you need to earn in order to be self-sufficient? In that case do you still need private health insurance? Do you have to have been self sufficient for a number of years or be one at the point of application? And how is "self sufficient" different from "self employed"?

Thanks for any further replies.

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Thistledew · 22/06/2015 23:57

Have a look at the EEA Regulations 2006.

EEA nationals have a right of entry and initial residence of 3 months into any EEA country. Thereafter, in order to have a right of residence you have to be a "qualified person", who is a worker, self-employed, student or self-sufficient. For the latter two categories you have to have held valid health insurance for the whole of the period for which you are relying on that status.

The difference between being self-employed and self-sufficient is that for the latter you do not have to have an earned income, so you could live off capital or off the income of your spouse. You do have to have private health insurance. You would have to show that your spouse earned at least as much as the minimum benefit level.

If you can show that you have been a "qualified person" for any continuous period of 5 years you then qualify for permanent residence, which will then lead to eligibility for naturalisation.

The current rules for non EEA national (including "Asians" Hmm) is that their Spouse has to be settled in the UK and earning at least £18,600. They don't need to work, but their family income is well in excess of the minimum amount needed to demonstrate self-sufficiency under the EEA regulations.

chocorabbit · 23/06/2015 10:52

Thank you very much for your reply Thistledew. You all have been so helpful!

After what you wrote I searched for the keywords and discovered to my horror that I am not in a good position and have to start from the beginning! And wait for another 5-6 years :(

I am currently trying to apply for CSI. I had no idea that I needed private health insurance because I don't work!! I would have definitely got one if I had known!! When I came to the UK to study in the late 90s the LA gave me a GP's address to register with so probably there was not such requirement for CSI back then. Then I didn't quite understand and until I had my first child I had never even visited the GP, let alone a hospital. Even for dental check ups I would go back abroad during the summer holidays and get checked there, so I never even used the NHS at all during my studies.

I am not sure that my studies lasted for 5 years because my MSc lasted for a year and then next year until December so in total 4 1/2 years? But even if they accepted that I was registered for a whole final year and had studied for 5 consecutive years, the fact (?) that during those days I didn't need CSI (?), does it make me a qualified person as the CSI regulations came in effect after I had "qualified"?

From what I understand an EEA national CANNOT follow the spouse route for naturalisation which I always thought would be so easy about me :(

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