Online CPD course 5 hours, British Citizenship for EU/EEA Nationals and their Family Members.

For our colleagues Immigration Advisers and Solicitors: Our online training course is accepted by The OISC and SRA, CPD ref number EJE/14IM. Download from our website, study in your own time on any computer, iPad or iPhone, complete the test and we will send your CDP award certificate.

British Citizenship for EU/EEA Nationals and their Family Members. 5 hours CPD credit. This course is focused on applications for British Citizenship for European/EEA nationals and their family members. This courses recognises the fact that European law works differently from the UK Immigration Rules, such as on qualifying for residency in the UK and especially for permanent residency. It is particularly important to remember that family members often have 'visa stamps' while they did not have to apply for them, so dates when they are eligible are often different from the dates of expiry of such voluntary visas.

We extensively cover the restrictions applied to Eastern European A8 nationals as well as Bulgarian/Romanian EU2 nationals and why they are important in applications for Citizenship. Even though these restrictions are now lifted (from Jan 2014 for EU2 nationals), advisers must still make sure the applicants complied with them at the time.

We provide case studies from our practice including cases from Bulgarian/Romanian nationals, dual EU/non-EU nationals and EU nationals married to British citizens. Full detailed table of contents is below.

Visit our website now to download or to read a detailed table of contents, objectives and extracts:  http://www.1st4immigration.com/training/british-citizenship-for-eea-nationals-and-family-members.php

The course is offered by our company, 1^st 4Immigration Ltd, which is a practising OISC-accredited immigration company, based in the City of London. 1^st 4Immigration Ltd, OISC no F200800152, SRA ref EJE/14IM. 

www.1st4immigration.com/training

Content:

PART 1 – ALL IMPORTANT BASICS
Naturalisation and Registration | 4 sets of Naturalisation rules

PART 2 – EUROPEAN/EEA NATIONALS

Who are EEA nationals? | Nationals of the following countries | Norway, Iceland and Liechtenstein | Switzerland

How to count residency under the European regulations | From 30 April 2006 – most EU/EEA nationals | From 1 May 2004 | From 1 January 2007 | From 1 July 2013 | Don’t mix the EU and UK law | EU/EEA citizens often don’t have ‘visa stamps’ (they don’t have to)

CONDITION 1: 5 years of residency in the UK

CONDITION 2: No permanent residency status – No citizenship!

Variation for EU/EEA nationals | How does one get an ILR without making an application? | Examples of exercising Treaty rights | Worker | Self-employed | Student | Exception | Self-sufficient | Jobseeker | Worker or Self-employed person who has ceased activity due to Retirement | Worker or Self-employed person who has ceased activity due to permanent incapacity

Exercising Treaty rights in the UK continuously qualifies an EU citizen for Permanent Residency (with a ‘visa stamp’ or without) | Not ‘continuous residency’ but ‘continuous exercising of Treaty rights’ | Date when this point has been reached | Date of issue on the visa document is not relevant | CASE STUDY – Greek national who worked and trained since 2004 | CASE STUDY - a Greek doctor | CASE STUDY – dual Dutch/Brazilian national

 

BULGARIAN AND ROMANIAN (EU2) NATIONALS:
EU2 nationals who had UK visas before Bulgaria/Romania joined the EU in 2007 | CASE STUDY - Romanian national who has been working since 2004 | Restrictions and documents for EU2 nationals including Yellow, Blue and Purple Cards | What about when restrictions on workers are lifted?

CASE STUDY – Romanian national who has worked since 2006 | CASE STUDY - Romanian national who has worked in the UK before 2007 and never applied for a Blue Card (she didn’t have to) | CASE WE REFUSED TO TAKE – Bulgarian national who studied and worked for years but not within the Rules | CASE STUDY – Bulgarian national with a Purple Card

 

EASTERN EUROPEAN (A8) NATIONALS:
Again the same rights but again with a difference | WRS was relevant for an A8 national for the first 12 months of working in the UK | What counted as ‘continuous 12 months’? | WRS was stopped in May 2011 but is still important for your applications | What if an A8 applicant didn’t register under WRS?

CASE STUDY - Lithuanian national who was a worker and a student | CASE WE REFUSED TO TAKE – Hungarian national who has never registered under WRS CONDITION 3: Waiting for 12 months after qualifying for Permanent Residency CONDITION 4: Good character and criminality

CONDITION 3: Waiting for 12 months after qualifying for permanent residency.

CONDITION 4: Good character and criminality.

CRIMINALITY:

Before 13 December 2012 - Spent and Unspent criminal convictions | From 13 December 2012 | Table of offences and impact on applications | Single conviction for a minor offence | Driving offences: drink-driving, driving without insurance, driving whilst using a mobile phone and similar | Fixed Penalty Notices | Fines | More than one sentence | Charged with offence and awaiting trial or sentencing | Terrorism

BANKRUPTCY

 

CONDITION 5: Absences from the UK and being present in the UK 5 years before receipt of the application by the Home Office

 

ABSENCES:
Date of Application (and how far back absences are counted) | Basic rules on absences | Exceptions when more absences are allowed during the 5 years | Exceptions when more absences are allowed during the last 12

BEING PRESENT IN THE UK 5 YEARS BEFORE DATE OF APPLICATION

CONDITION 6: Knowledge of Language and Life (KOLL)

EU/EEA citizens don’t have to meet this rule for Permanent Residency | … but have to meet for Citizenship | Before 28 October 2013 | From 28 October 2013 | Exemption from KOLL

LIFE IN THE UK TEST
TIP - Life in the UK Test does not have expiry date
ENGLISH LANGUAGE REQUIREMENT

PART 3 – EEA NATIONALS WHO ARE ALSO SPOUSES OR CIVIL PARTNERS OF BRITISH CITIZENS

CONDITIONS WHICH ARE THE SAME

 

CONDITIONS WHICH ARE DIFFERENT | No need to wait for 12 months after Permanent Residency | 3 years of residency in the UK – not 5 – although it is still 5 | The only example of combination of EU and UK law | Absences from the UK and being present in the UK 3 years before date of application | Exceptions when more absences are allowed during the last 3 years | Exceptions when more absences are allowed during the last 12 months | Being present 3 years before date of application | CASE STUDY – Bulgarian national married to a UK citizen | CASE STUDY – dual Dutch/Brazilian national who is a civil partner of a UK national

PART 4 - FAMILY MEMBERS OF EUROPEAN (EEA) NATIONALS
EUROPEAN FAMILY MEMBERS OF EUROPEAN NATIONALS
EUROPEAN FAMILY MEMBERS OF BULGARIAN/ROMANIAN (EU2) NATIONALS

 

DIRECT NON-EEA FAMILY MEMBERS OF EEA NATIONALS | This is what most non-EU nationals have | And this is what the law allows | Date on a 'visa stamp' does not matter | CASE STUDY – Russian national married to a Belgian | But bear in mind those who retained residency rights | And bear in mind Surinder Singh route (family members of British nationals who qualify under the European rules) | Spouses and civil partners of the UK citizens under Surinder Singh route | Other family members of the UK citizens under Surinder Singh route

EXTENDED NON-EEA FAMILY MEMBERS OF EEA NATIONALS | Here dates on ‘visa stamps’ matter!

NON-EEA FAMILY MEMBERS OF BULGARIAN/ROMANIAN (EU2) NATIONALS

 

PART 5 – DUAL NATIONALS
DUAL NON-EEA AND EEA NATIONALS (but not British) | FAMILY MEMBERS OF DUAL UK/EEA NATIONALS | Before 16 July 2012 | From 16 July 2012

PART 6 – CHILDREN (under 18 yo)

IMPORTANT DATES AND ACTS TO REMEMBER | British Nationality Act 1981 | From 1 January 1983 a child born in the UK does NOT automatically become British | From 1 July 2006

CHILDREN BORN IN THE UK | If the child's mother is British | If the child’s father is British | If child's parent (one or both) is not British (ie European or non-European) but has permanent residency in the UK | Children who spent the first 10 years of their life in the UK | Case Study – Romanian national who has spent 6 years in the UK and had a child born here

CHILD BORN OUTSIDE THE UK TO NON-BRITISH PARENTS

PART 7 – PUBLIC FUNDS

Income-related benefits (public funds) | Contributory benefits (not public funds) | The NHS | Workers and Self- employed | Self-sufficient and Students | Case Study – Hungarian family in receipt of public funds