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non EEA national' s spouse(EEA) became British! help requird

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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ladyd
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non EEA national' s spouse(EEA) became British! help requird

Post by ladyd » Sat Feb 05, 2011 10:40 pm

hi,
we need some assistance to clarify the situation we are in.
long story short.
I am ex EEA national (lithuanian) who currently got British Passport (my previous nationality does not allow dual passports).
My husband has EEA family residence endorsment in his passport (he got it when we got married in 2005).

now time is approaching for him to apply for EEA residence permit after 5 years.

we have applied for IRL but been refused and told that they will not grant it as they are not satisfied with thecase, but his EEA rights are not affected.

we need to know whether he can still apply under EEA/EU legislation even though I changed to British nationality.

also what does "cease to excersise treaty rights " means?

Thanks you so much!!

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Post by vinny » Sun Feb 06, 2011 1:04 am

What did your husband apply for, ILR or PR? It may help if you posted the details of the refusal.
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Post by Lespa » Sun Feb 06, 2011 2:08 am

ladyd became British and dropped Lithuanian citizenship while her husband was (and still is to my understanding) on a Residence Permit as a family member of an EEA national.

By becoming British and giving up your Lithuaninan citizenship you stopped excircising your Treaty Rights and at the same time your husband's Residence Permit became invalid.
If the EEA spouse becomes a British citizen before the non-EEA spouse has acquired permanent residence then it is necessary that the EEA spouse retains the EEA citizenship, otherwise the spouse is no longer the spouse of an EEA national and would lose their right of residence, having to apply to return with a spouse visa.
credit to Mutly

I believe that is why your husband was refused.
Your husband may have to apply under national rules as you are British now.

If that is what you tried to do by applying for an ILR, than to my understanding you cant use time spend under EEA rules to count towards ILR and that's why they would refuse his application.
I believe he has to start the "clock" again under the national rules.


Try giving a bit more info about your refusal as Vinny suggested and see what others say.
I'm sure they will give you more answers and probably some solutions to your problem.

Hope you resole this quickly.
Good luck

ladyd
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Post by ladyd » Sun Feb 06, 2011 11:10 am

hi,

yes we did apply for Leave to Remain

REFUSAL TO GRANT LEAVE TO REMAIN
paragraph 286 with reference to 284 (i) of HC 395 (as amended)

you have applied for leave to remain on the basis of your marriage to a person present and settled in the UK but your application has been refused.

in view of the fact that on 14th September 2006 you were issued with a Residence Permit as a family member of an EEA national , the Secretary of State is not satisfied that you have limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of the Immigration rules.

You made an application on 9th of December 2010. however you did not have leave to enter or remain in the UK given under the Immigration rules.

There is no right of appeal against this decision.

EXCERPT FROM LETTER ADDRESSED TO SOLICITOR

in order to qualify for leave to remain under Immigration rules as a spouse of a present or settled here you must have leave to remain which was granted under the provisions of these rules.
as your client currently has a right of residence under European Law your client cannot now be granted leave to remain under Immigration rules.

PLEASE NOTE THAT THIS DOES NOT AFFECT HIS RIGHTS UNDER EUROPEAN LAW.

this is a very stressful situation for both of us as we have a baby who is also British citizen, and option for my husband to leave us will not be feasible as he is main provider.

What i dont understand is why they said that we are still OK under European Law and didnt tell us that his Residence permit is no longer valid?

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Post by Greenie » Sun Feb 06, 2011 11:36 am

ladyd wrote: What i dont understand is why they said that we are still OK under European Law and didnt tell us that his Residence permit is no longer valid?
Perhaps they didn't realise that you had to give up your Lithuanian nationality

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Post by Plum70 » Sun Feb 06, 2011 12:09 pm

This is unfortunate for a number of reasons:

The OP's husband's EEA status in the UK may well have ceased from the day his wife acquired British Citizenship and lost her Lithuanian nationality.

This would imply that the non-EEA spouse's status in the UK at present may no longer be lawful under EU law as the EEA spouse is now solely British and cannot be seen to be exercising treaty rights.

I can see three viable options:

1. Family leaves the UK for another EU member state and wife exercises treaty rights as employed/self employed and then return to the UK via the EU route. Downsides: Instability for a time, cost of moving, non-EEA spouse's residence clock reset to zero and PR will not be attained until 2016/17.

2. Non-EEA spouse returns to home country and applies for a UK spouse visa at the nearest BHC and returns to the UK under UK immigration rules. The downsides: costly at every hurdle, temporary separation from family, residence clock reset to zero.

3. Seek legal advice and explore any possibilities of the UKBA considering an in-country UK spousal application under compassionate grounds. I am not well versed in UK immigration law to speculate further on this.

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Post by geriatrix » Sun Feb 06, 2011 1:04 pm

Plum70 wrote:The OP's husband's EEA status in the UK may well have ceased from the day his wife acquired British Citizenship and lost her Lithuanian nationality.

This would imply that the non-EEA spouse's status in the UK at present may no longer be lawful under EU law as the EEA spouse is now solely British and cannot be seen to be exercising treaty rights.
Assuming the above to be the case:

Option 2, as suggested by PLUM70 above, though expensive is perhaps the easiest way to regularise status and quickest route to British citizenship, if the non-EEA applicant aspires to acquire it down the line.

Current illegal status (overstaying since Lithuanian partner acquired British citizenship and ceased exercising treaty rights) will not have a negative influence on entry clearance application as spouse of British citizen, thanks to 320(7C).

IMHO ...


regards

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Post by Kitty » Sun Feb 06, 2011 2:01 pm

Is it certain that the OP's change to British Citizen status actually brought the exercise of treaty rights to an end?

If a British citizen can exercise treaty rights under Surinder Singh by returning to the UK after working elsewhere in the EEA, then a person who came to the UK as an EEA national would seem to be in a very similar position after they obtain citizenship.

As the EEA4 application would be free, is it not worth making it with that argument? It would seem wildly disproportionate for the clock to br reset.

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Re: non EEA national' s spouse(EEA) became British! help req

Post by Stefan-TR » Sun Feb 06, 2011 8:32 pm

ladyd wrote:My husband has EEA family residence endorsment in his passport (he got it when we got married in 2005).
When exactly did you start living in the UK as a married couple and when exactly did you give up your EU citizenship. If the period in between those dates is 5 years or longer, your husband has most likely already acquired Permanent Residence under the EEA regulations. PR is obtained automatically once 5 years have passed and an EEA4 application only serves to confirm the PR that has already been obtained.

Should your husband have PR, he could apply for naturalization straight away, as he would be free from immigration control and married to a UK citizen.

Otherwise, if your husband hasn't obtained PR yet, I'd say that by all logical means he should continue to have a right under the EEA rules. Either by treating you alike to a British citizen who has carried his EU rights back home from another EU country, or by treating him alike to a spouse that has a retained right of residence. UKBA might not agree to any of those interpretations right away, neither might an Immigration Tribunal. But I'd count on the ECJ to rule in your favor (if you'd be willing to go that far), as they are usually very pro freedom of movement without silly hassles.

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Post by ladyd » Sun Feb 06, 2011 9:01 pm

thank you all for your imput, its is slowly getting clearer how to approach this whole situation.

at the moment HO is satisfied with my husbands status under EU law as they might not be aware that i have automativally lost my Lithuanian nationality. However Lithuanian consular is not aware that I aquired British one either. As for them to know i need voluntarily go to consular and give declaration and return my passport. Anyways, this i dont think matters at the moment.

We got married in December 2005, but my husband got his stamp in July 2006, as prior that he had Limited leave to remain.

I acquired British citizenship November 2010, which means he has stamp only for 4 years.

but to be very honest UKBA are being hypocritical as they did move my husbands status from Immigration rules (Limited Leave to remain ) to EU law, so how can they not now switch it back?

anyways, our approach is to find good solicitor and apply under compationate grounds as we
- we have child born in UK, who is citizen and should not be deprived of a full family
- my husband is a muslim and i am christian, therefore to go back to his country would be dangerous for all of us , due to islamic extremist.
- we have established strong ties with UK since. My husnad has little business and pays all his taxes, he completed his education here etc.

I know that it will be difficult way and we are really feeling low at the moment, but have to keep dtrong and fight for our right to live as i family and not be separated.

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Post by EEAwaiting » Sun Feb 06, 2011 10:13 pm

ladyd wrote:thank you all for your imput, its is slowly getting clearer how to approach this whole situation.

at the moment HO is satisfied with my husbands status under EU law as they might not be aware that i have automativally lost my Lithuanian nationality. However Lithuanian consular is not aware that I aquired British one either. As for them to know i need voluntarily go to consular and give declaration and return my passport. Anyways, this i dont think matters at the moment.

We got married in December 2005, but my husband got his stamp in July 2006, as prior that he had Limited leave to remain.

I acquired British citizenship November 2010, which means he has stamp only for 4 years.

but to be very honest UKBA are being hypocritical as they did move my husbands status from Immigration rules (Limited Leave to remain ) to EU law, so how can they not now switch it back?

anyways, our approach is to find good solicitor and apply under compationate grounds as we
- we have child born in UK, who is citizen and should not be deprived of a full family
- my husband is a muslim and i am christian, therefore to go back to his country would be dangerous for all of us , due to islamic extremist.
- we have established strong ties with UK since. My husnad has little business and pays all his taxes, he completed his education here etc.

I know that it will be difficult way and we are really feeling low at the moment, but have to keep dtrong and fight for our right to live as i family and not be separated.
Hi, My husband from the same country like u.
We are worry about the same problem now.
But now he plan to apply PR instead of BC, then I do not need to worry anything.
Why u do not try to apply EEA4 for him?
As u did not inform, they may will not know you gave up nationality.
and there are some special case, your country will allow dual nationality.

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Post by mcovet » Sun Feb 06, 2011 11:10 pm

i may have a pop at this one

1. you are wrong to start counting 5 years from when they issued him with the RC, your hubby's five years started to tick towards pr from the date you married- dec2005-dec2010;

2. thus, let's assume that you would not have acquired bc in nov 2010, your hubby was entitled to apply for pr in dec 2010. (provided he satisfied the other requirements of residence for 5 years and proved you exercised treaty rights for 5 years);

3. you obtained brit cit in nov 2010, just a month before the 5 years for you hubby, however, don't forget that you don't lose your lithuanian citizenship automatically (i hope the rules require you to renounce it or smth.)

4. if so, you could claim to be a dual national until you lose lithuanian citizenship and there is a case where dual british/irish nationals are treated as europeans even if never moved out/in back to the uk!

5. so, what exactly is the date of your marriage, and what is the date on the certificate of naturalisation??? you could be biting your elbows if it's near. As, if you had waited just a couple of weeks, your hubby would have acquired pr automatically, irrespective of you later becoming british

6. to wait for the ECJ to make a ruling could take ages, from what i've heard, so u may as well try other options. The courts are required to give the laws of the country purposive interpretation and comply with the principle of proportionality.

Anyway, you don't have to apply for ILR, go for PR on EEA4 providing the original of your lithuanian passport which you still haven't submitted to the consular section of lithuanian embassy, UKBA do not know of internal rules. Also provide your PR document and all other supporting docs, and apply for your hubby's PR on the basis of him being a family member for five years dec 2005 dec 2010!!! no need to complicate.

UKBA ILR and EEA sections are different and do not share info as far as i'm concerned, additionally, i think you mentioned that they said your hubby keeps his rights to apply under eu law.

you should be fine, don't worry and don't complicate things.



ladyd wrote:thank you all for your imput, its is slowly getting clearer how to approach this whole situation.

at the moment HO is satisfied with my husbands status under EU law as they might not be aware that i have automativally lost my Lithuanian nationality. However Lithuanian consular is not aware that I aquired British one either. As for them to know i need voluntarily go to consular and give declaration and return my passport. Anyways, this i dont think matters at the moment.

We got married in December 2005, but my husband got his stamp in July 2006, as prior that he had Limited leave to remain.

I acquired British citizenship November 2010, which means he has stamp only for 4 years.

but to be very honest UKBA are being hypocritical as they did move my husbands status from Immigration rules (Limited Leave to remain ) to EU law, so how can they not now switch it back?

anyways, our approach is to find good solicitor and apply under compationate grounds as we
- we have child born in UK, who is citizen and should not be deprived of a full family
- my husband is a muslim and i am christian, therefore to go back to his country would be dangerous for all of us , due to islamic extremist.
- we have established strong ties with UK since. My husnad has little business and pays all his taxes, he completed his education here etc.

I know that it will be difficult way and we are really feeling low at the moment, but have to keep dtrong and fight for our right to live as i family and not be separated.

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Post by Greenie » Sun Feb 06, 2011 11:37 pm

ladyd wrote:.

at the moment HO is satisfied with my husbands status under EU law as they might not be aware that i have automativally lost my Lithuanian nationality. However Lithuanian consular is not aware that I aquired British one either. As for them to know i need voluntarily go to consular and give declaration and return my passport. Anyways, this i dont think matters at the moment.

We got married in December 2005, but my husband got his stamp in July 2006, as prior that he had Limited leave to remain.

I acquired British citizenship November 2010, which means he has stamp only for 4 years.

but to be very honest UKBA are being hypocritical as they did move my husbands status from Immigration rules (Limited Leave to remain ) to EU law, so how can they not now switch it back?

anyways, our approach is to find good solicitor and apply under compationate grounds as we
- we have child born in UK, who is citizen and should not be deprived of a full family
- my husband is a muslim and i am christian, therefore to go back to his country would be dangerous for all of us , due to islamic extremist.
- we have established strong ties with UK since. My husnad has little business and pays all his taxes, he completed his education here etc.

I know that it will be difficult way and we are really feeling low at the moment, but have to keep dtrong and fight for our right to live as i family and not be separated.

If you were married in December 2005 then your husband may have acquired PR in December 2010 if you were living in the UK together and exercising treaty rights at that point. When he got the residence card/stamp doesn't matter. UKBA may be willing to exercie discretion if your husband is only a month short for his PR (because you became BC and lost your Lithuianian nationality in Nov 2010)

However are you sure that you automatically lose your citizenship as you have said that you have to go to the embassy and make a declaration - what is this declaration? If there is a chance you are technically still Lithuanian because the authorities there don't know you have naturalised, or that you need to make a declaration and give up your passport, then your husband may still be able to rely ont he EEA regs

Unfortunately it's correct in terms of the law that you can't switch from exercising treaty rights to leave as a spouse under the immgration rules because the rules require the person to have leave under the immigration rules in order to switch to a spouse. This is because the EEA regs are about freedom of movement whereas UK immigration law is about immigration control.

If your husband hasn't acquired PR then if you try to apply on compassionte grounds/family life from within the UK then they are likely only to grant him 3 years discretionary leave. He would have to complete 6 years in this category to get ILR. Just bear this in mind that it is a long route to take.

It really may be quicker and easier to consider the options that Plum70 has suggested. If you went for the option of your husband going abroad to apply for entry clearance to return as your spouse you would not have to all relocate there, he would just need to go there and make his application. Presuming he suceeds he would then be able to apply for ILR after two years What country is he from?

However I think first you should try for the PR under the EEA regs route. If this is refused because you have lost your Lithuanian nationality then you can argue the family life/compassionte grounds on appeal.

I think you have the right idea about getting a good solicitor to advise on these matters as it is quite complicated.

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Post by Greenie » Sun Feb 06, 2011 11:39 pm

Sorry mcovet I think I was typing my post as you had posted yours. Didn't mean to duplicate most of your advice!

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Post by Greenie » Sun Feb 06, 2011 11:44 pm

mcovet wrote:UKBA do not know of internal rules. Also provide your PR document and all other supporting docs, and apply for your hubby's PR on the basis of him being a family member for five years dec 2005 dec 2010!!! no need to complicate.

UKBA ILR and EEA sections are different and do not share info as far as i'm concerned, additionally, i think you mentioned that they said your hubby keeps his rights to apply under eu law.

you should be fine, don't worry and don't complicate things.
Whilst I agree with most of mcovet's advice (as can be seen from our very similar posts which we were preseumably writing at the same time..) I would disagree about this part.

From experience UKBA are likely to enquire as to whether you are still entitled to Lithuanian nationality now that you have naturalised if your husband applies for PR. The passport may even say something about not allowing dual nationality. You may be asked to get confirmation from the Lithuanian government that you are still Lithuanian.

Also the various depts of UKBA do talk to each other so they will be aware that your husband made an application for ILR.

I still think you should go for the PR application though with the help of a solicitor.

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Post by Kitty » Mon Feb 07, 2011 12:27 am

Practically speaking, I think Greenie and Plum70 have given you good advice.

More theoretically, it's interesting that an application for leave to remain under the Rules as a spouse can be refused in these circumstances. The guidance for leave to remain in order to exercise a right of access to a childspecifically states (at paragraph 3.4) that non-EEA parents should be treated as fulfilling the requirement to be in the country in accordance with the Rules, even if they are actually here under the EEA system. This is stated to be so that
they do not treat the spouse in a less advantageous way than they would have been treated had that spouse been admitted to the United Kingdom as a spouse under the Immigration Rules rather than under Treaty Law.
A pity they seem unable to apply this thinking to spouses.

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Post by mcovet » Mon Feb 07, 2011 12:34 am

:lol: this was a funny coincidence, both posts are practically identical in following the line of thinking, great minds think alike



Greenie wrote:Sorry mcovet I think I was typing my post as you had posted yours. Didn't mean to duplicate most of your advice!
:lol:

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Post by mcovet » Mon Feb 07, 2011 12:49 am

You see Greenie, i think that if the person applies as if never acquired bc, there is noth wrong with it, no fraud involved, as far as the op is concerned, they are still a lithuanian citizen until renounced cit etc.

Now, why would ukba ever check whether op acquired bc?if it's a straightforward eea4 application with all the docs supplied together with the Doc Certifying Permanent Residence, the caseworker wouldn't in 100 years check about the hubby, why would hubby have tried to apply for ILR? there's only going to be attached a Lithuanian passport.

The op and hubby are not losing anything if they apply and try first, if they get refused, they haven't committed any offence and will proceed with other advice provided, but if yes, then they'd be happily married ever after.

The fact that the passport says it doesn't allow dual nationality would be relevant if brit passport is attached with the eea4, but if it's not as it's not even needed, who would enquire about dual nationality laws?

I would personally, and i don't encourage anyone to follow my suggestion, but i'd personally not bother complicating it and trying to apply on some compassionate grounds (i don't see any tbh). I'd try the easiest and simplest option of applying like you're supposed to and then follow all the options from there, continuing with the least expensive or the shortest. Don't try to break legal ground here, I wouldn't want to spend/waste my life on setting legal precedents... but that's me.

Please
1. check and confirm if you need to renounce your nationality, or you lose it automatically! If the former, you MUST and SHOULD follow the eea4 application route, your hubby would've acquired pr automatically, if the latter... then advice above still applies, but it's less straightforward.

2. have you actually got the confirmation of your permanent residence status issued following an eea3 app, i.e. a "document certifying permanent residence". If yes, it's be much easier.

Finally, do get advice from a competent lawyer who could find a loophole, let's hope.

Keep an eye on the UKBA website, if the premium service for EEA2,3,4 applications is introduced, then if you have spare money lying around, rather than paying a solicitor, spend it on applying in person and you'd know the answer sooner, wouldn't have to wait possible 4-6 months for an answer. If all your papers are in order and it's straightforward you could benefit from it, let's hope it's introduced



Greenie wrote:
mcovet wrote:UKBA do not know of internal rules. Also provide your PR document and all other supporting docs, and apply for your hubby's PR on the basis of him being a family member for five years dec 2005 dec 2010!!! no need to complicate.

UKBA ILR and EEA sections are different and do not share info as far as i'm concerned, additionally, i think you mentioned that they said your hubby keeps his rights to apply under eu law.

you should be fine, don't worry and don't complicate things.
Whilst I agree with most of mcovet's advice (as can be seen from our very similar posts which we were preseumably writing at the same time..) I would disagree about this part.

From experience UKBA are likely to enquire as to whether you are still entitled to Lithuanian nationality now that you have naturalised if your husband applies for PR. The passport may even say something about not allowing dual nationality. You may be asked to get confirmation from the Lithuanian government that you are still Lithuanian.

Also the various depts of UKBA do talk to each other so they will be aware that your husband made an application for ILR.

I still think you should go for the PR application though with the help of a solicitor.

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Post by ladyd » Mon Feb 07, 2011 2:05 am

Guys! I cannot thank enough for all of you. It's always good to have a light at the end of the tunnel.

Yes I do have blue residence card.

And yes I need to go consular to sign declaration to give it up as Lithuania does not allow dual nationality. But then I know people who have two passports and travel around using one or other. Consular will not know, neither ukba makes enquiries like that re dual nat. As it says on their website that it's my responsibility to find out etc. Neither my Lithuania. Passport states that dual nat. is not allowed.

We got married in 1 dec 05 and I got naturalised 14 nov 10!
I was not aware that my country has not supported dual nat and that this whole situation would have got us into a such pickle! Talk about terrible legal advice!!

We may think about just applying on EEA first and then see from then on.
But I thought that because I had to complete 5+1 , one year worker reg scheme and then start excersizing treaty rights. At the time of our marriage I imported my Wrs in august 06 and my husband had limited leave to remain till Oct 06. They gave him first stamp in july 06, them second one residence permit as a family member few months later. Latter stamp is expiring on 10 nov 11. , this is the date ukba advised us to apply for permanent residence.

Sounds a bit complicated! Sorry, typing on a small screen doesn't help.

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Post by mcovet » Mon Feb 07, 2011 7:36 pm

It's a bit confusing, can you set out exactly with the dates

1) when you first moved to the UK;

2) when you started exercising treaty rights, apart from the first three months' stay initially;

3) WHERE did you get married (here or abroad in Lithuania)

4) when your husband moved to the UK

5) The WAY you exercised treaty rights in the UK (working, self-employed, student, self-sufficient);

6) The documents you provided with your EEA3 application;

7) When you applied for WRS Scheme;

8) When you completed 5 years of exercising treaty rights;

9) when you applied for Doc certifying your PR;


For your hubby to have acquired PR automatically there are certain requirements:

a) he must have lived in the UK IN ACCORDANCE with the regulations (i.e. married to you while you were exercising treaty rights IN THE UK) for 5 years (disregarding! periods of absences of up to 6 months PER YEAR).

That is why I asked when your hubby first came to the UK, so that you can count 5 years from that time;

b) YOU must have been exercising treaty rights for 5 years, while he is here, as when applying for PR, he will be basing his application on this fact, there will be more info requried about you than him;

thus, the fact that you were advised by UKBA that he is only eligible upon the end of that period is strange, to say the least. I'll explain why it doesn't make sense:

1) for you to have acquired BC, you needed a minimum of 5 years' exercising treaty rights (that INCLUDES the first year under WRS as well) + 1 year on the status of PR. If we deduct 6 years from Nov' 2010, that's Nov' 2004. However, we also have to deduct a couple of months for processing your Naturalisation application (let's say 2-3 months) and to process your EEA3 application (another 1-3 months). So, you have been probably exercising treaty rights and entered the UK with the first Accession of Lithuania back in 2004?

2) That means, for you to legally have got a PR, you had to have been exercising treaty rights and complying with EU law throughout this period at least, this is the earliest anyone from the new Accession states could have acquired BC, apart from the ones who married a Brit themselves and thus saved a year;

3) the fact could have been that your hubby, as you said, had already been in the UK on some other visa (student, work even illegally! but that does NOT MATTER) when you met and got married in Dec'2005;

4) the UKBA staff back in 2005/2006/2007 and even now, are ignorant of the law, and having seen your hubby switch his status, took ages to process the application and even advised him wrongly on the time to apply for PR.

Please confirm that the above assumptions are correct, I cannot see otherwise.

Thus, if YOU were eligible for PR some time in 2009, provided your hubby stayed with you for at least 5 years from your marriage in the UK and did not enter some time later, you SHOULD apply on form EEA4 immediately without any fuss or anything.

Don't worry about the 15 days between 14 Nov 2010 & 1 Dec 2010 (5 years' anniversary), as you said, you must RENOUNCE your nationality... to lose it. For the UKBA you will be for the purposes of your hubby's application a Lithuanian with PR applying for her hubby. No need to leave the UK etc, the caseworker may just check if your passport/id card is valid, declared lost/stolen or is counterfeit.

Unless you contacted Lithuanian embassy, they will confirm, if contacted (I don't see why they could be contacted) that the passport is valid, not declared lost/stolen etc, so all will turn down on:

1) the proof available to your husband of him living in the UK for 5 years without breaks of longer than 6 months per year;

2) Proving relationship- marriage certificate from 2005;

3) proving you have been exercising treaty rights for the five years he is claiming; You can provide a PR document, and for the peace of mind, all the documents you provided initially when applying on form EEA3 yourself (WRS card & certificate) etc. to make it complete and not let them ask for more info;

Post all that to Liverpool and off you go, happy days. Once your hubby gets his PR card, he can immediately apply for BC himself, on the basis of being married to YOU- a british citizen. All is not that bad, after all, you could have him neuteralised :lol: by the end of this year (6 months max for PR application and 3-5 months at most for naturalisation application).

Please keep us up to date with the news.







ladyd wrote:

We got married in 1 dec 05 and I got naturalised 14 nov 10!
I was not aware that my country has not supported dual nat and that this whole situation would have got us into a such pickle! Talk about terrible legal advice!!

We may think about just applying on EEA first and then see from then on.
But I thought that because I had to complete 5+1 , one year worker reg scheme and then start excersizing treaty rights. At the time of our marriage I imported my Wrs in august 06 and my husband had limited leave to remain till Oct 06. They gave him first stamp in july 06, them second one residence permit as a family member few months later. Latter stamp is expiring on 10 nov 11. , this is the date ukba advised us to apply for permanent residence.

Sounds a bit complicated! Sorry, typing on a small screen doesn't help.

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