Immigrationboards.com

Hi there
If any moderators would help me in this regard- will be very greatful.

My brother came to UK in 2004 and then he acquired HSMP and then British citizenship in 2011.
He was married in 2004 itself in india and his wife acquired ILR in 2010 but couldnt apply for british Citizenship in 2011 as she was absent for more than required days from the UK.

However later my brother got a job in Saudi and he moved to Saudi Arabia in 2012 and he had a son born there and he too acquired British Citizenship.

Now his wife still holds indian passport and ILR.

Is there anyway she could get British Citizenship/ or Permanant EU Memebership card as her husband and son both have British Nationality?
what are the options because PR expires after two yrs now its been three years since she is out of UK

Does she needs to come to UK to apply for EEA Family permit and residence card? We are also ready to go to lawyers if needs to get this done.

He dont have immediate plans to come down to UK but might have in future for short terms like few months etc..

Please any help to solve this will be helpful.

tirfk wrote:Hi there
If any moderators would help me in this regard- will be very greatful.

My brother came to UK in 2004 and then he acquired HSMP and then British citizenship in 2011.
He was married in 2004 itself in india and his wife acquired ILR in 2010 but couldnt apply for british Citizenship in 2011 as she was absent for more than required days from the UK.

However later my brother got a job in Saudi and he moved to Saudi Arabia in 2012 and he had a son born there and he too acquired British Citizenship.

Now his wife still holds indian passport and ILR.

Is there anyway she could get British Citizenship/ or Permanant EU Memebership card as her husband and son both have British Nationality?
what are the options because PR expires after two yrs now its been three years since she is out of UK

Does she needs to come to UK to apply for EEA Family permit and residence card? We are also ready to go to lawyers if needs to get this done.

He dont have immediate plans to come down to UK but might have in future for short terms like few months etc..

Please any help to solve this will be helpful.

If the wife's UK ILR has expired then she no longer has ILR.
(Note PR is not the same as ILR).

A British national cannot sponsor a family member under EU regulations except under the Surinder Singh route which does not appear to apply in this case (as they reside in SA and not an EU country).

If the family is not resident in UK they would have too wait until any future return to UK & work within whatever immigration rules (spouse visa) are in place at that time.
An applicant cannot achieve settled status in UK and then British citizenship if residency requirements (and absences within limits) are not met.

Your sister-in-law will need to live in the UK and be in a subsisting relationship with her husband for a period of five years in order to reacquire ILR or PR, depending on which route she takes.

It would be very hard to prove a subsisting relationship if he lives in another country a quarter of the way around the world. So, he would need to move back to the UK too.

After acquiring settled status (either ILR or PR), she will need to stay in the UK for a further period of a year, either with or without her husband, to qualify for citizenship.

secret.simon wrote:After acquiring settled status (either ILR or PR), she will need to stay in the UK for a further period of a year, either with or without her husband, to qualify for citizenship.

She is married to a British citizen, so no need to wait for one year after acquiring settled status(?)

sushdmehta wrote:

secret.simon wrote:After acquiring settled status (either ILR or PR), she will need to stay in the UK for a further period of a year, either with or without her husband, to qualify for citizenship.

She is married to a British citizen, so no need to wait for one year after acquiring settled status(?)

Correct.

Thansk for all the comments.
How about this one? UK Residence Card?

https://www.gov.uk/apply-for-a-uk-resid ... d/overview

tirfk wrote:Thansk for all the comments.
How about this one? UK Residence Card?

https://www.gov.uk/apply-for-a-uk-resid ... d/overview

That's only for family members, or extended family members, of an EEA national, i.e. those who have exercised a treaty right.

For the purposes of the EEA Regulations,

EEA Regulations wrote:EEA national” means a national of an EEA State who is not also a British citizen;

“EEA State” means—

(a)
a member State, other than the United Kingdom;

Family members of British citizens are subject to Regulation 9.

Wanderer wrote:

tirfk wrote:Thansk for all the comments.
How about this one? UK Residence Card?

https://www.gov.uk/apply-for-a-uk-resid ... d/overview

That's only for family members, or extended family members, of an EEA national, i.e. those who have exercised a treaty right.

I didnt quite get it- What is 'Exercised a Treaty Right' ?
My brother is a British National- which means he is EEA National?

tirfk wrote:

Wanderer wrote:

tirfk wrote:Thansk for all the comments.
How about this one? UK Residence Card?

https://www.gov.uk/apply-for-a-uk-resid ... d/overview

That's only for family members, or extended family members, of an EEA national, i.e. those who have exercised a treaty right.

I didnt quite get it- What is 'Exercised a Treaty Right' ?
My brother is a British National- which means he is EEA National?

A British citizen cannot exercise treaty rights in the UK like other EU nationalities can. For him to bring his spouse back to the UK from Saudi Arabia, he can only apply for a spouse visa under the UK immigration rules, the EEA Family Permit is not available to British citizen spouses unless the British citizen is living and working (i.e. exercising treaty rights) in another EU state like German, France etc. (i.e. not in the UK)