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New Rights of Permanent Residence for European Economic Area (EEA)* Citizens


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Old 10-05-2006, 01:34 PM   #1
John01
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New Rights of Permanent Residence for European Economic Area (EEA)* Citizens

New Rights of Permanent Residence for European Economic Area (EEA)* Citizens and Their Families
On 30th April 2006, new regulations will be introduced which will change the way persons from the EEA and their family members get permanent residence in the UK (The Immigration (European Economic Area) Regulations 2006). The new regulations are as a result of a Directive from the European Union in 2004.

From the 30th April 2006, a citizen from the EEA and his family members will acquire permanent residence in the UK when they have lived here for 5 years (other conditions apply). There are two main differences to the old regulations.

Under the old regulations an EEA citizen and his family members could get permanent residence (Indefinite Leave to Remain (ILR)) after only 4 years. However, the good news is that the person acquires permanent residence without having to make an application to the Home Office. Once the person has been here for 5 years or more, and the other conditions are met, then they become automatically entitled to permanent residence. It is no longer granted by the Home Office. However the person will still have to prove his entitlement if he wants official confirmation that he is a permanent resident

The change in the Regulations means that an EEA citizen and his family members can apply for British citizenship without first having to apply for indefinite leave to remain. Of course he must be able to prove his entitlement
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Old 10-05-2006, 02:23 PM   #2
Bushbaby
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Forgive my ignorance, but does this apply to EU citizens? Have never been clear on the distinction between the EEA and the EU.
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Old 10-05-2006, 03:03 PM   #3
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Originally Posted by Bushbaby
Forgive my ignorance, but does this apply to EU citizens? Have never been clear on the distinction between the EEA and the EU.
I looked at the statute(SI 2006/1003) and it applies to all European Union Citizens as well. For purposes of Free Movement of Workers, there is almost no difference between EU and EEA citizens.
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Old 10-05-2006, 09:15 PM   #4
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Hi,

I was on the phone to immigration yesterday for hrs! John it is true what you say, however as I understood what they told me was that after 5 yrs I could apply for perm residence. I then have to exercise an immigration restriction (that is what they said) for 12 months, and then after the 12 months I would be able o apply for cotizenship through naturalisation!

Now how I understand what you have said is that after 5 yrs (which is next June for me....) I would automatically be granted UK citizenship after I submit the forms? Is that true? oohhhhh, I am so confused........
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Old 11-05-2006, 07:37 AM   #5
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Does it really matter?

I have Italian citizenship yet I live in Ireland. I was eligible for Irish citizenship at the end of last year but see no point in applying. I can already vote at local level, which in my opinion is the only level at which my vote actually matters. There are no significant differences between the rights of a national and an EU citizen within Ireland and I would imagine the same would hold true for the UK - or am I wrong in this assumption?
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Old 11-05-2006, 08:12 AM   #6
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Originally Posted by Bushbaby
Does it really matter?

I have Italian citizenship yet I live in Ireland. I was eligible for Irish citizenship at the end of last year but see no point in applying. I can already vote at local level, which in my opinion is the only level at which my vote actually matters. There are no significant differences between the rights of a national and an EU citizen within Ireland and I would imagine the same would hold true for the UK - or am I wrong in this assumption?
Bushbaby, with the "ever closer union" individual Member State nationality will probably diminish in importance in the future. At the moment, it does matter. Not holding the nationality of the Member State in which you live usually restricts your right to vote in national elections. You remain liable for deportation. (under certain restricted circumstances.) You may be excluded from certain types of public sector jobs. Perhaps the most important consideration is that many South Africans hold their second EU nationality by descent and therefore cannot transmit that nationality to children born abroad.

I do not know the Italian rules, but I imagine were you ever to go and live back in SA (or even in Ireland) you might struggle to transmit Italian nationality to your future children. However if you naturalised as an Irish Citizen, that citizenship could be passed on to many generations of your descendants born abroad. (with the right registration provisions being complied with.) Also for your info, Irish Citizenship gives full reciprocal rights in the UK. In other words you are on an equal footing with British Citizens and vice versa. A further thought is that it is possible for dual nationals to loose their second nationality under certain circumstances. I would think it prudent to stack away another EU nationality. (Depending on the citizenship rules in force for the nationalities concerned)

The answer to your question is that the topic can matter a great deal.
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Old 11-05-2006, 08:28 AM   #7
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Originally Posted by Mon
Hi,

I was on the phone to immigration yesterday for hrs! John it is true what you say, however as I understood what they told me was that after 5 yrs I could apply for perm residence. I then have to exercise an immigration restriction (that is what they said) for 12 months, and then after the 12 months I would be able o apply for cotizenship through naturalisation!

Now how I understand what you have said is that after 5 yrs (which is next June for me....) I would automatically be granted UK citizenship after I submit the forms? Is that true? oohhhhh, I am so confused........
Mon, this Act comes into force on the 30 April 2006. You may have been advised considering current law in force. The new settlement rules are unclear on naturalisation times. (It is government right to set residence requirements.)

I personally would comply with all IND requests even if they seem unnecessary, it is pointless to jeopardize a naturalisation application for the want of filling in a few bits of paper. It seems sensible for you to enquire on naturalisation procedures after 30 April 06 when the Act comes into force. The advice may change.
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Old 11-05-2006, 12:14 PM   #8
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Originally Posted by John01
Bushbaby, with the "ever closer union" individual Member State nationality will probably diminish in importance in the future. At the moment, it does matter. Not holding the nationality of the Member State in which you live usually restricts your right to vote in national elections. You remain liable for deportation. (under certain restricted circumstances.) You may be excluded from certain types of public sector jobs. Perhaps the most important consideration is that many South Africans hold their second EU nationality by descent and therefore cannot transmit that nationality to children born abroad.

I do not know the Italian rules, but I imagine were you ever to go and live back in SA (or even in Ireland) you might struggle to transmit Italian nationality to your future children. However if you naturalised as an Irish Citizen, that citizenship could be passed on to many generations of your descendants born abroad. (with the right registration provisions being complied with.) Also for your info, Irish Citizenship gives full reciprocal rights in the UK. In other words you are on an equal footing with British Citizens and vice versa. A further thought is that it is possible for dual nationals to loose their second nationality under certain circumstances. I would think it prudent to stack away another EU nationality. (Depending on the citizenship rules in force for the nationalities concerned)

The answer to your question is that the topic can matter a great deal.
Fortunately for me Italian citizenship has no generation limits. As it is I got it from my great-grandfather and as the law currently stands I can transmit it to offpsring ad infinitum, whether or not any of us ever live in Italy.

As to not voting in national elections, I can't do that at home either but can for Italy, and you do still retain the right to vote in local council elections which are in my opinion more important at any rate. Also, with public sector jobs - the sifting process applied here is that you must speak Irish - that excludes 99% of foreigners and about 60% of the indigenous population from those jobs.

Still, I see your point if you are determined to remain in the UK, it might be better to take on the nationality of your host country.
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Old 10-12-2009, 12:47 PM   #9
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Hi There Bushbaby

I came across this on the blog. I'm South african and my Great grand dad was Italian. How do I go about proving or gaining some sort of EU right using my background with reference to what you said below?

"Fortunately for me Italian citizenship has no generation limits. As it is I got it from my great-grandfather and as the law currently stands I can transmit it to offpsring ad infinitum, whether or not any of us ever live in Italy."

Thank you
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