Wife holding EU and British Passport

Hi Guys,


I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.


My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\



Many thanks in advance .

Regards,
jazz

jazzsingh1985 wrote:Hi Guys,


I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.


My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\



Many thanks in advance .

Regards,
jazz

Once you have complete five years of marriage by 2017 then you are qualify for naturalization as spouse of BC, so far you are still with your wife. You can get more info on this forum at BC discussion....

martin54 wrote:

jazzsingh1985 wrote:Hi Guys,


I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.


My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\



Many thanks in advance .

Regards,
jazz

Once you have complete five years of marriage by 2017 then you are qualify for naturalization as spouse of BC, so far you are still with your wife. You can get more info on this forum at BC discussion....

Many thanks for your reply. So once I have completed my 5 years from the marriage, I can straight apply BC, Do I have to apply EEA4 permanent residency first.

Which documents do i need in this condition, does my wife need to earn £18600 under british law or how does it work , please explain....

Please advice

You need to have qualified for PR + 1 year before being able to apply for BC.

Casa wrote:You need to have qualified for PR + 1 year before being able to apply for BC.

So will be the same scenario, So there is no benefit having dual nationality. Once am completed 5 years, does my wife to show she's earning £18,600

Please Advice further....

jazzsingh1985 wrote:Hi Guys,


I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.


My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\



Many thanks in advance .

Regards,
jazz

With respect to Casa, I am inclined to concur with Martin54.

The OP will acquire PR automatically in 2017 (under EEA regulations). There is no requirement for any spousal earnings requirement in the EEA Regulations. So, no need to earn more than £18,600.

Citizenship and immigration rules are different and unconnected. Therefore, at the end of the five years, provided the OP and the EEA spouse have not been divorced, s/he should be able to naturalise as the spouse of a British citizen.

My main concern would be the OP's third question. It could make it appear (appearances can be deceptive, but still...) as if the OP is in a marriage of convenience.

secret.simon wrote:

jazzsingh1985 wrote:Hi Guys,


I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.


My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\



Many thanks in advance .

Regards,
jazz

With respect to Casa, I am inclined to concur with Martin54.

The OP will acquire PR automatically in 2017 (under EEA regulations). There is no requirement for any spousal earnings requirement in the EEA Regulations. So, no need to earn more than £18,600.

Citizenship and immigration rules are different and unconnected. Therefore, at the end of the five years, provided the OP and the EEA spouse have not been divorced, s/he should be able to naturalise as the spouse of a British citizen.

My main concern would be the OP's third question. It could make it appear (appearances can be deceptive, but still...) as if the OP is in a marriage of convenience.

Many thanks for your reply Secret Simon. As I understood, having dual nationality won't effect on my status. So do I still have to apply PR after completing my 5 years and once I get PR, I don't have to wait 1 year to become BC.

Please advice further.

Where did I mention earnings?

My apologies, Casa, I should have clarified that I differ with you as regards the one year wait between PR and citizenship.

jazzsingh1985 wrote:As I understood, having dual nationality won't effect on my status. So do I still have to apply PR after completing my 5 years and once I get PR, I don't have to wait 1 year to become BC.

I understand that as you started the journey under EEA Regulations, that you will stay on that route till PR, irrespective of your wife's current citizenship. So, she would no longer be able to sponsor anybody else as an EEA citizen (after she got British citizenship). But as you started the journey before her British citizenship, you will continue on that journey.

The rules for citizenship are not a part of the immigration rules. You will need to meet those rules separately. So, you will need to have PR and separately have been in the UK for the past three years, etc.

secret.simon wrote:My apologies, Casa, I should have clarified that I differ with you as regards the one year wait between PR and citizenship.

jazzsingh1985 wrote:As I understood, having dual nationality won't effect on my status. So do I still have to apply PR after completing my 5 years and once I get PR, I don't have to wait 1 year to become BC.

I understand that as you started the journey under EEA Regulations, that you will stay on that route till PR, irrespective of your wife's current citizenship. So, she would no longer be able to sponsor anybody else as an EEA citizen (after she got British citizenship). But as you started the journey before her British citizenship, you will continue on that journey.

The rules for citizenship are not a part of the immigration rules. You will need to meet those rules separately. So, you will need to have PR and separately have been in the UK for the past three years, etc.

Once again many thanks for your reply. Just one thing I need to make sure that I don't have to wait another 1 year to get BC. As soon as I will get my PR in 2017, I can apply for BC. Correct me please If am wrong!!!

jazzsingh1985 wrote:

secret.simon wrote:My apologies, Casa, I should have clarified that I differ with you as regards the one year wait between PR and citizenship.

jazzsingh1985 wrote:As I understood, having dual nationality won't effect on my status. So do I still have to apply PR after completing my 5 years and once I get PR, I don't have to wait 1 year to become BC.

I understand that as you started the journey under EEA Regulations, that you will stay on that route till PR, irrespective of your wife's current citizenship. So, she would no longer be able to sponsor anybody else as an EEA citizen (after she got British citizenship). But as you started the journey before her British citizenship, you will continue on that journey.

The rules for citizenship are not a part of the immigration rules. You will need to meet those rules separately. So, you will need to have PR and separately have been in the UK for the past three years, etc.

Once again many thanks for your reply. Just one thing I need to make sure that I don't have to wait another 1 year to get BC. As soon as I will get my PR in 2017, I can apply for BC. Correct me please If am wrong!!!

I already explained this to you before, that you need to wait 2017 to gain your PR after 5yrs of marriage and once you complete that 5yrs of marriage then you can apply for BC immidately without staying for 1yr and you dont need to apply PR sticker before you apply, because you are already obtain PR automatically so far you are till with your wife. However, you have to keep eyes on the BC requirements by 2017 because the law changes

Goodluck.

I already explained this to you before, that you need to wait 2017 to gain your PR after 5yrs of marriage and once you complete that 5yrs of marriage then you can apply for BC immidately without staying for 1yr and you dont need to apply PR sticker before you apply, because you are already obtain PR automatically so far you are till with your wife. However, you have to keep eyes on the BC requirements by 2017 because the law changes

Goodluck.[/quote]




Many Thanks Martin once again for solving my query. Enjoy your rest of your day

jazzsingh1985 wrote:I already explained this to you before, that you need to wait 2017 to gain your PR after 5yrs of marriage and once you complete that 5yrs of marriage then you can apply for BC immidately without staying for 1yr and you dont need to apply PR sticker before you apply, because you are already obtain PR automatically so far you are till with your wife. However, you have to keep eyes on the BC requirements by 2017 because the law changes

Goodluck.

Hi Martin,

I have been contacted my with local family solicitor in regards to british citizenship, he said completely different. According to my solicitor, I still have apply Permanent Residency Card after 5 years. If my wife holds british passport for 3years then I don't need to wait for 1 year to get my BC. But my wife will only hold 2 years till 2017.

So what will you advice me further!!!

jazzsingh1985 wrote:

jazzsingh1985 wrote:I already explained this to you before, that you need to wait 2017 to gain your PR after 5yrs of marriage and once you complete that 5yrs of marriage then you can apply for BC immidately without staying for 1yr and you dont need to apply PR sticker before you apply, because you are already obtain PR automatically so far you are till with your wife. However, you have to keep eyes on the BC requirements by 2017 because the law changes

Goodluck.

Hi Martin,

I have been contacted my with local family solicitor in regards to british citizenship, he said completely different. According to my solicitor, I still have apply Permanent Residency Card after 5 years. If my wife holds british passport for 3years then I don't need to wait for 1 year to get my BC. But my wife will only hold 2 years till 2017.

So what will you advice me further!!!

The solicitor is correct. However, PR is automatic after 5 years assuming all the conditions have been met, but applying for PR formally tends to make the BC application more straightforward.
But what do you mean by "But my wife will only hold 2 years till 2017." Assuming you mean she will have only held British Citizenship for 2 years in 2017, you've misunderstood the solicitor. As soon as you have PR you can apply immediately if you have been legally resident in the UK for 3 years and your wife is now British. However, you need to have completed 5 years of residence before you qualify for PR.
How long have you been legally in the UK?

The solicitor is correct. However, PR is automatic after 5 years assuming all the conditions have been met, but applying for PR formally tends to make the BC application more straightforward.
But what do you mean by "But my wife will only hold 2 years till 2017." Assuming you mean she will have only held British Citizenship for 2 years in 2017, you've misunderstood the solicitor. As soon as you have PR you can apply immediately if you have been legally resident in the UK for 3 years and your wife is now British. However, you need to have completed 5 years of residence before you qualify for PR.
How long have you been legally in the UK?[/quote]


Many thanks Casa for your kind response.

My situation as below:

Came in UK : Nov 2009 (Student Visa)
Living together with my EU partner from June 2011
Got married in Feb 2012
EEA 2 received : July 2012- July 2017

Wife received her EEA 3 PR card in 2014 and became British Citizen now.

So what will be positive or negative effects for having EU and British PAssport.

With respect I believe the advise of the family solicitor is wrong or deeply flawed.

Not sure where he got the hold British Citizenship for 3 years requirement from..


I am more concerned about your immigration history.

What was your status in the UK before 2012?

From 2007 to 2012 was there ever an overstay?

Obie wrote:With respect I believe the advise of the family solicitor is wrong or deeply flawed.

Not sure where he got the hold British Citizenship for 3 years requirement from..


I am more concerned about your immigration history.

What was your status in the UK before 2012?

From 2007 to 2012 was there ever an overstay?

Hi Obbie, thanks for your reply.

I came to UK on student visa in November 2009, Once I got married, I have switched my student visa to EEA Family Residence permit (EEA2)

jazzsingh1985 wrote: Came in UK : Nov 2009 (Student Visa)
Living together with my EU partner from June 2011
Got married in Feb 2012
EEA 2 received : July 2012- July 2017

I think what Obie is asking is; between November 2009 and July 2012, were you at any time staying illegally in the UK or did you have valid leave to remain for that entire duration?

jazzsingh1985 wrote:Hi Guys,

I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.

My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\

Many thanks in advance .

Regards,
jazz

1) When was your wife naturalised as BC?

My understanding is your clock as family member of EEA national may have stopped when wife became British so suggest you check your timelines carefully.

You would have to check if the McCarthy transitional rules apply in your case but it seems doubtful (unless your wife was already a dual citizen in 2012).
If ýou can no longer be considered the family member of an EAA national you will have to complete your acquisition of settled status in your own right.

Ref https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 47

Once settled status is acquired then yes, as spouse of BC, you will be free of immigration time restrictions immediately ie after just 5 years ( not 6).
Assuming all other requirements have been met (including KOLL, absences within limits, good character, sound mind, physically present in UK 5 years before date of application, etc ) you will then be able to apply for the privilege of citizenship.

2) No, under EU route/rules it takes 5 years minimum to become settled in UK by acquiring PR.

3) One option: access to child (if you have a British child).

jazzsingh1985 wrote:Hi Martin,

I have been contacted my with local family solicitor in regards to british citizenship, he said completely different. According to my solicitor, I still have apply Permanent Residency Card after 5 years. If my wife holds british passport for 3years then I don't need to wait for 1 year to get my BC. But my wife will only hold 2 years till 2017.

So what will you advice me further!!!

This is somewhat bizarre or possibly misunderstood advice - suggest you go back to the solicitor for some clarification of what s/he said.

Obtaining a PR card is optional not mandatory. It simply confirms the holder has acquired PR.
PR is in any case acquired automatically by itself not by holding a PR card.

The AN guidance is clear, if married to a BC an applicant for naturalisation simply needs to be free of immigration time restrictions (ie by acquiring settled status) - not free for any particular period of time;
And there is no mention of any need for any BC spouse to have been a BC "for 3 years".

Ref sections 2 & 4: https://www.gov.uk/government/uploads/s ... n_2015.pdf

secret.simon wrote:

jazzsingh1985 wrote: Came in UK : Nov 2009 (Student Visa)
Living together with my EU partner from June 2011
Got married in Feb 2012
EEA 2 received : July 2012- July 2017

I think what Obie is asking is; between November 2009 and July 2012, were you at any time staying illegally in the UK or did you have valid leave to remain for that entire duration?

Hi Obbie and Simon,

Many thanks for your concern.

I had a valid student visa till December 2012, When I got married I had a valid visa. I have applied next day after we got married in Feb 2012 for EEA 2 Residence PErmit and home office (Immigration ) raided our house in July 21 after 7-8 working days, i have received my Visa

secret.simon wrote:

jazzsingh1985 wrote: Came in UK : Nov 2009 (Student Visa)
Living together with my EU partner from June 2011
Got married in Feb 2012
EEA 2 received : July 2012- July 2017

I think what Obie is asking is; between November 2009 and July 2012, were you at any time staying illegally in the UK or did you have valid leave to remain for that entire duration?

Hi Obbie and Simon.

Many thanks for your concern.


I came to UK on student visa in Nov 2009 which was expired I believe in Feb 2011, I have extended my student visa in Feb 2011 and I got another 1.5 year visa. I never studied in that college. I met my wife in May 2011 and we lived together after 1 month mean to say we started lived together from June 2011 and we got married in Feb 2012 and I received my residence permit from July 2012 till July 2017.

I hope that make sense. Hope to listen from you all

noajthan wrote:

jazzsingh1985 wrote:Hi Guys,

I am new in this forum. I need a advise from you all. As i know you guys will help me out from this trouble.

My history is like this:

Married to EU national in 2012, got residence permit after 6 months which is valid till 2017.

My wife been here more than 8 years, she received her EEA 3 Permanent Residence card in 2013 and she recently received her british passport.

I have 3 questions:

1. Once am completed my 5 years under EU Law, Can I apply under the same rules, As she became british citizen, does it make any difference?

2. Can I apply permanent residence or british passport sooner than 2017?

3. If our relation breaks down in between 5 years, on which grounds I will be able to stay in this country?

I will be really appreciate if you guys help me out.\

Many thanks in advance .

Regards,
jazz

1) When was your wife naturalised as BC?

My understanding is your clock as family member of EEA national may have stopped when wife became British so suggest you check your timelines carefully.

You would have to check if the McCarthy transitional rules apply in your case but it seems doubtful (unless your wife was already a dual citizen in 2012).
If ýou can no longer be considered the family member of an EAA national you will have to complete your acquisition of settled status in your own right.

Ref https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 47

Once settled status is acquired then yes, as spouse of BC, you will be free of immigration time restrictions immediately ie after just 5 years ( not 6).
Assuming all other requirements have been met (including KOLL, absences within limits, good character, sound mind, physically present in UK 5 years before date of application, etc ) you will then be able to apply for the privilege of citizenship.

2) No, under EU route/rules it takes 5 years minimum to become settled in UK by acquiring PR.

3) One option: access to child (if you have a British child).

Hi Noajthan,

Many thanks for your reply.

I had a same doubt earlier aswell that I can loose my rights on the basis of my wife having EU and British Citizenship. After I read the link that you sent me, I was bit confused and I have called Home Office, they assured me that I can stay on same route, her nationality wouldn't effect me and I can apply British Citizenship straight after getting my Permanent residency. I don't have to wait another year to get BC.

I only have one question which I forgot to ask, Is that 5 years counted from the time you got married or time your visa valid from?


Please guys you all done your best to resolve my query, I will be really appreciate if you help me with my last question.

Many thanks in advance.