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Portuguese/Canadian citizen married to a Brit - question about passports

Portuguese/Canadian citizen married to a Brit - question about passports

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Old May 18th 2012, 12:09 pm
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Default Portuguese/Canadian citizen married to a Brit - question about passports

Hi all,

I apologise if this isn't the right forum... hoping someone can help.

I'm a Canadian by birth and have a Canadian passport. In 2008, I obtained a Portuguese Passport as my mom was born there, and used that passport to enter the UK. I've been here now for just short of 4 years with no absences other than a few short holidays and weekend city breaks.

Last month I got married, and my husband is British. I was reading on the Home Office website about naturalisation and whether I'm eligible for citizenship. This is the link: http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/

It first says that if you marry a Brit you need to be resident for 3 years, which I am, but then further down in the EEA section it mentions having 5 years of unbroken residency, which I don't have.

So I'm confused as to whether or not I'm eligible... any advice would be appreciated!

Thanks!
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Old May 19th 2012, 8:47 pm
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Default Re: Portuguese/Canadian citizen married to a Brit - question about passports

Originally Posted by SchnookoLoly
I'm a Canadian by birth and have a Canadian passport. In 2008, I obtained a Portuguese Passport as my mom was born there, and used that passport to enter the UK. I've been here now for just short of 4 years with no absences other than a few short holidays and weekend city breaks.

Last month I got married, and my husband is British. I was reading on the Home Office website about naturalisation and whether I'm eligible for citizenship. This is the link: http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/

It first says that if you marry a Brit you need to be resident for 3 years, which I am, but then further down in the EEA section it mentions having 5 years of unbroken residency, which I don't have.

So I'm confused as to whether or not I'm eligible... any advice would be appreciated!
It is confusing. There are two separate requirements: that you be resident for three years, and that you be free from immigration time restrictions on the day that you apply.

Clearly you meet the first criterion, but you don't meet the second criterion because you've not yet acquired permanent residence under the EU rules. I'm not aware of any way for an EEA/Swiss citizen to obtain indefinite leave to remain quicker than five years, so as far as I can tell you'd need to wait another year before applying for naturalisation.
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