EEA Permanent Residence (EEA4) for dual citizen

[melafafon]

Hi,

I moved to the UK in 2004, as a Polish citizen, have been self-employed continously since.

In 2008 I got married to a non-EU/EEA citizen.

In January 2009, she came over to the UK to live with me.

She got a 6-month EEA entry clearance back then (in Poland), and then another one in July 2009 (also in Poland).

In December 2009, she got a 5-year EEA "Residence Documentation" card valid for five years.

In Dec 2011, I became a UK citizen as well.

Now that my wife's 5 years of UK residence have passed, we are planning to apply for her permanent
residence (using form EEA4).

I have read all over this forum and others that dual nationals cannot do this IN PRINCIPLE
but there are exceptions (e.g. 'transitional arrangements' as I have lived in the UK since
2004, so acquired permanent residence in 2009 http://www.ukba.homeoffice.gov.uk/polic ... /#header16)

What are your views on this?

Thanks!

Mel

[Jambo]

See similar discussion - here.

Why does she want to apply for PR Confirmation using EEA4? If the goal is to become BC, she can skip the application and apply directly for BC (as PR is obtained automatically and as a spouse of BC she doesn't need to wait after PR is obtained).

[melafafon]

I was advised by UKBA that if my wife wanted to go down the wife-of-a-BC route,
she'd have to:

a) leave the UK, apply for a BC partner visa in her country of origin, paying a hefty fee
b) wait two years
c) apply for BC herself, again with a hefty fee

How is that easier?

[Jambo]

Was this advice given over the phone? It is not correct and not the first time they are making that mistake.

The immigration route has nothing to do with with naturalisation. You don't need to have been on a spouse visa in order to apply as a spouse. And by the way, the spouse visa is no longer 2 years but 5 years. Rules changed in July 2012.

If BC is the goal, there is no much point applying for EEA4. Save the £55 fee and 6 months wait and apply directly for BC.

See similar case - here.

[melafafon]

Thanks for the update, will call UKBA again.

What are the chances (if any) that the EEA4 will be rejected because I am already a BC?

[Jambo]

The dual national changes have no affect on your case as you have been on the EEA route before the changes came into affect.

[melafafon]

Thanks, I hope UKBA are aware of this

[Mikochan77]

Hi, similar situation here. I'm polish/british citizen and my wife's 5 year EEA spouse visa will expire in August. Since I have become a BC, we are wondering what visa, if any she needs to apply for now. Dual citizenship is not accepted in my wife's country of origin. Does she need to apply for spouse BC visa or can she still apply for EEA spouse again? She's been living, studying and working and working here for 7 years now.

What did you decide, Melafafon please? Any progress with the visa application?

Many thanks

[Jambo]

She can stay on the EEA route. If she doesn't want to become British, then she should apply for PR Confirmation using form EEA4. If you hold a PR card yourself, the evidence required is minimal (passports, marriage certificate, PR card, proof of residence for your wife for 5 years). If you don't hold PR Card, she will need to provide evidence of your treaty rights for 5 years.

[maxmelion]

If she applied for BC can she use BC as prove for excersise treatty right for 5 years or confirm her PR ?

She can stay on the EEA route. If she doesn't want to become British, then she should apply for PR Confirmation using form EEA4. If you hold a PR card yourself, the evidence required is minimal (passports, marriage certificate, PR card, proof of residence for your wife for 5 years). If you don't hold PR Card, she will need to provide evidence of your treaty rights for 5 years.

[Jambo]

Logically yes (as they should have all the info in their system) but I would provide them the evidence required (even if already provided in the past).

[maxmelion]

If u cant prove any of this evidence nd only u got evidence for BC was granted .so is it night help?

Logically yes (as they should have all the info in their system) but I would provide them the evidence required (even if already provided in the past).