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non-EEA 5yr seeking help

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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eeahelp
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Joined: Sat Jul 14, 2012 4:57 pm

non-EEA 5yr seeking help

Post by eeahelp » Sat Jul 14, 2012 5:20 pm

Unfortunatley i have to resort to seeking information via this immigration board which i am sure has helped countless people in their search for help.I hope that this will prove fruitfull.
Due to my current circumstances in my marriage,which looks to be on the verge of a breakdown i have been forced to look into my options with regards to my immigration status,something which i have not been bothered about since receiving my 5yr family permit.One has to look after themself when these situations in life arise.
I married my wife who at the time was an EEA citizen(Polish),we married abroad and got the EEA family permit to enter the UK to start our life in Aug 2008.Once in the UK we applied for the 5yr Family Permit.This took 1yr for the Uk Border Agency to process because of their ''back log''.So start date of permit was Dec 2009-Dec 2014.My wife manged to aquire her british citizenship in Nov 2011.We have been married for 4yrs and have spent our time in the UK.I was in the country for 2yrs prior on the 2yr working holiday visa,if thats of any consolation.
So now i need to find out what my options are....never thought that it would come to this.Any help would be greatly appreciated.

mcovet
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Post by mcovet » Sat Jul 14, 2012 11:21 pm

you should really post in the EEA applications forum! Your wife becoming British could somewhat affect your situation as she would be treated British (under the 2006 Regulations). If you do divorce, the time of 3 years from marriage and 1 year in the UK is satisfied, but you would need to prove she was either exercising treaty rights prior to initiation of divorce or had acquired permanent residence (which she did as otherwise she couldn't have become British).

You should give more details of your wife's immigration history first. That way we can work out your position. But post in another forum please.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Sun Jul 15, 2012 7:53 am

Sorry to hear about your circumstances.

The positive point is that no matter what happens, you will be allowed to stay in the UK.

You would obtained PR in August 2013, 5 years after arriving in the UK. The date of issue of the RC is irrelevant.

If you are still together by August 2013, you can apply for PR as a spouse of PR holder. Once confirmed, you can apply for BC as a spouse of British citizen (if fact, you can apply directly for BC and skip the PR confirmation application if you wish).

If you get divorced before August 2013, you might need to apply for Retention of Rights. As you were married for more than 3 years including more than 1 year in the UK, you would be allowed to keep your RC as long as you continue to exercise treaty rights from the divorce. Then in August 2013, you can apply for PR confirmation and 1 year later for BC (you need to wait 1 year if not married to BC).

eeahelp
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Posts: 3
Joined: Sat Jul 14, 2012 4:57 pm

Post by eeahelp » Sun Jul 15, 2012 10:23 am

Thank you very much to you both for your time and responses.I will post it in EEA forum,although I think Jambo might have answered my call for help.
Thank you

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