EEA SPOUSE NOW BRITISH

Hi there,

I am new to this forum, so am not sure if this topic has featured here before.

I am a non EU spouse of an EU citizen who has recently naturalized to a Britizish citizen. I have a RC of family member of EEA National since January 2009 and we have a son that is a british citizen.

Now the question I would like help on is what my status is right now and what are my chances if I should apply for permanent residence. I have tried to search for materials concerning this issued without any help.

I must state also that my spouse who is originally from Latvia, is not entitle for dual citizenship, because of their (Latvia) opposition to dual nationality.

Therefore, am I no longer a family member? Should I inform the Home Office that am no longer a family member as have been told to inform them when this happens? Am I still under the EC law or will my case be judge under the UK immigration law if I decide to apply for permanent residence or FLR or SET (M).

Can I apply under this law http://www.ukba.homeoffice.gov.uk/partn ... s/#header1

I would appreciate any help on this matter as I dont know what to do.

Thanks alot.

Has your spouse renounced her Latvian citizenship or is this 'automatic'? If not then technically you are still a non-EEA family member under EU law.

Whatever the case, you should be able to switch to the UK route and apply in-country for a 27 month spouse visa.

No doubt another learned forum member will set the record straight if i'm wrong!

You wife must have acquired PR Certificate before she acquired British Passport. PR does not get void because one acquires the nationality of the host member state. It is only revoked if one leaves the member state for more than 2 years.

On that grounds, i believe you will be fine.

If you want to apply under national routes, you will have to live the UK and apply from overseas.

Why hasn't anyone considered Surindher Singh? Happy Diwali technically, the BC has exercised the right to free movement and can benefit from it! There is no EXPRESS provision in the legislation and it would be up to the courts to interpret the spirit and the word of it, however, it would seem preposterous if a BC who having come back could benefit from the Directive, but the naturalised person who HAS BEEN exercising the Treatu rights for over 5 years and their fam members couldn't! Thus, a court interference may be required here, but why wasn't this thought of as a problem before becoming British? Selfish or silly And Latvian passport with PR sticker is almos as good as the British one! Good luck

enny07 wrote:Hi there,

I am new to this forum, so am not sure if this topic has featured here before.

I am a non EU spouse of an EU citizen who has recently naturalized to a Britizish citizen. I have a RC of family member of EEA National since January 2009 and we have a son that is a british citizen.

Now the question I would like help on is what my status is right now and what are my chances if I should apply for permanent residence. I have tried to search for materials concerning this issued without any help.

I must state also that my spouse who is originally from Latvia, is not entitle for dual citizenship, because of their (Latvia) opposition to dual nationality.

Therefore, am I no longer a family member? Should I inform the Home Office that am no longer a family member as have been told to inform them when this happens? Am I still under the EC law or will my case be judge under the UK immigration law if I decide to apply for permanent residence or FLR or SET (M).

Can I apply under this law http://www.ukba.homeoffice.gov.uk/partn ... s/#header1

I would appreciate any help on this matter as I dont know what to do.

Thanks alot.

Plum70 wrote:Whatever the case, you should be able to switch to the UK route and apply in-country

Perhaps not, as 284(i) is not satisfied.

vinny wrote:

Plum70 wrote:Whatever the case, you should be able to switch to the UK route and apply in-country

Perhaps not, as 284(i) is not satisfied.

I am a bit confused in relation to above statement
does this rule means if you have a RC as a family member( Not based on mariage but as a dependant) you cannot married a BC; unless you go back to your country of Nationality and apply?
Please kindly explain the issue. Thanks in anticipation of your response

Hello everyone,

I must say a big thank you to everyone that has replied to my post. I must confess that the EC law is not really clear on this matter and would welcome any more suggestions on these and also personal experiences.

@Plum70, my wife still has her Latvian citizenship which she would like to renounce next summer when she travels there as they are oppose to dual nationality.

@Obie, yes my wife has PR before the BC. The question is when I do want to apply for my PR will I not be ask for my spouses' EU passport as is stipulated on the EEA4 form?

@Vinny, is there no exception to that rule? Surely if your spouse do not hold the citizenship of any other country but the UK, consideration should be given???

I would also like to know if consideration will be given to me now if I want to apply for PR based on my wife's PR status. Or do I have to exhaust the 5 yr period given to me on the RC.

Thanks a lot once again for all your responses.

Deeone wrote:

vinny wrote:

Plum70 wrote:Whatever the case, you should be able to switch to the UK route and apply in-country

Perhaps not, as 284(i) is not satisfied.

I am a bit confused in relation to above statement
does this rule means if you have a RC as a family member( Not based on mariage but as a dependant) you cannot married a BC; unless you go back to your country of Nationality and apply?
Please kindly explain the issue. Thanks in anticipation of your response

It's just that

284 wrote:(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules...

and

TB (EEA national: leave to remain?) Nigeria [2007] UKAIT 00020 wrote:A resident permit granted under the EEA Regulations is not Leave to Enter or Leave to Remain. A person who has a Residence Permit does not, therefore, meet any requirements of the Immigration Rules that he have Leave to Enter or Leave to Remain.

I see...

So basically, an applicant can only ever apply for a UK spouse visa from within the UK if they were granted leave to enter or remain in the UK under the UK immigration rules? But surely there must be a concession in such a case where the applicant has legally resided in the UK outside the immigration rules and now only falls within it for exceptional circumstances?

thanks to you all for the response

Looking through the EEA4 form, I see that I have to submitt her passport as one of the requirements. Is it then acceptable to submitt her British PP or just her permanent residence card will suffice?

Has any one got any sort of experience in this matter???