ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

3years with EEA2 and wife became BC

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

3years with EEA2 and wife became BC

Post by zubby007 » Sat May 25, 2013 11:54 am

Hi mates, Sorry if this topic had been discussed before, the question goes this way after 3years wit EEA2 RC and wife became BC when can one apply for BC?

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat May 25, 2013 11:58 am

After you have attained PR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 12:08 pm

vinny wrote:After you have attained PR.
Does EEA route of PR still apllies when your spouse became BC?

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sat May 25, 2013 12:13 pm

Yes, if spouse retains original EEA nationality. Else, it will be complicated.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 12:30 pm

vinny wrote:Yes, if spouse retains original EEA nationality. Else, it will be complicated.
No, she gave up her original EEA Nationality as Austrian does not allow dual.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Sat May 25, 2013 1:26 pm

zubby007 wrote: No, she gave up her original EEA Nationality as Austrian does not allow dual.
Then this is complicated.

In essence you may have lost your rights of residence in the UK under EU law as your spouse is now solely British. Is there any way she can regain her Austrian nationality? If not then you may be looking at having to start all over by applying for UK entry clearance via the spousal route. Do you both have any children?

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 1:38 pm

Plum70 wrote:
zubby007 wrote: No, she gave up her original EEA Nationality as Austrian does not allow dual.
Then this is complicated.

In essence you may have lost your rights of residence in the UK under EU law as your spouse is now solely British. Is there any way she can regain her Austrian nationality? If not then you may be looking at having to start all over by applying for UK entry clearance via the spousal route. Do you both have any children?


No, She gave up her Austrian nationality,Yes we have a child, born in UK.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 2:06 pm

zubby007 wrote:
Plum70 wrote:
zubby007 wrote: No, she gave up her original EEA Nationality as Austrian does not allow dual.
Then this is complicated.

In essence you may have lost your rights of residence in the UK under EU law as your spouse is now solely British. Is there any way she can regain her Austrian nationality? If not then you may be looking at having to start all over by applying for UK entry clearance via the spousal route. Do you both have any children?


No, She gave up her Austrian nationality,Yes we have a child, born in UK.



I just found this very interesting ( If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements ) or does it mean the LAW has changed?

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 9:40 am

Post by boloney » Sat May 25, 2013 2:53 pm

zubby007 wrote: .




I just found this very interesting ( If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements ) or does it mean the LAW has changed?
It is interesting but does't apply to you. How would you qualify for ILR or PR? You need it to apply for naturalization

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 3:04 pm

boloney wrote:
zubby007 wrote: .




I just found this very interesting ( If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements ) or does it mean the LAW has changed?
It is interesting but does't apply to you. How would you qualify for ILR or PR? You need it to apply for naturalization

I guess I am missing up something here, I thought I will qualify as spouse of BC and 3years residence required.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Sat May 25, 2013 3:20 pm

zubby007, you can't apply for BC until you have PR, regardless of whether you qualify as the spouse of a BC or not.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 4:39 pm

Kitty wrote:zubby007, you can't apply for BC until you have PR, regardless of whether you qualify as the spouse of a BC or not.
I thought PR is optional in accord with EEA regulations?

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Post by Amber » Sat May 25, 2013 6:44 pm

zubby007 wrote:
Kitty wrote:zubby007, you can't apply for BC until you have PR, regardless of whether you qualify as the spouse of a BC or not.
I thought PR is optional in accord with EEA regulations?
Yes a PR card is optional but not PR itself.

In order to naturalise as a British Citizen you must be settled (have ILR or PR) the residency requirement of 3 years for the spouse/civil p of a British Citizen is a separate requirement to that of being settled.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Sat May 25, 2013 8:17 pm

zubby007 wrote:
Plum70 wrote:
zubby007 wrote: No, she gave up her original EEA Nationality as Austrian does not allow dual.
Then this is complicated.

In essence you may have lost your rights of residence in the UK under EU law as your spouse is now solely British. Is there any way she can regain her Austrian nationality? If not then you may be looking at having to start all over by applying for UK entry clearance via the spousal route. Do you both have any children?


No, She gave up her Austrian nationality,Yes we have a child, born in UK.
This being the case then your rights of residence under EU law may no longer exist. However, as you both have a child together there maybe a way to apply in country for a UK spouse visa.

I am not well versed with UK immigration law so will leave it to the moderators or other experienced posters to propose legal options available to you.

Good luck!

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

Post by Jambo » Sat May 25, 2013 8:31 pm

I have a different view.

The partner has not lost his PR status by becoming British (and losing his Austrian citizenship). The only way to lose a PR is by being absent from the UK for more than 2 years. He is a PR holder and a EEA national (although British).
It is an odd case but I don't think he lost the rights under the directive.

Having said that, the spouse would need to complete 5 years of residence to obtain PR which is a requirement for BC.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 11:22 pm

Plum70 wrote:
zubby007 wrote:
Plum70 wrote:
zubby007 wrote: No, she gave up her original EEA Nationality as Austrian does not allow dual.
Then this is complicated.

In essence you may have lost your rights of residence in the UK under EU law as your spouse is now solely British. Is there any way she can regain her Austrian nationality? If not then you may be looking at having to start all over by applying for UK entry clearance via the spousal route. Do you both have any children?


No, She gave up her Austrian nationality,Yes we have a child, born in UK.
This being the case then your rights of residence under EU law may no longer exist. However, as you both have a child together there maybe a way to apply in country for a UK spouse visa.

I am not well versed with UK immigration law so will leave it to the moderators or other experienced posters to propose legal options available to you.

Good luck!

Thanks so much for your kind input I appreciate, hope to get some more input from some gurus and moderators.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sat May 25, 2013 11:29 pm

Jambo wrote:I have a different view.

The partner has not lost his PR status by becoming British (and losing his Austrian citizenship). The only way to lose a PR is by being absent from the UK for more than 2 years. He is a PR holder and a EEA national (although British).
It is an odd case but I don't think he lost the rights under the directive.

Having said that, the spouse would need to complete 5 years of residence to obtain PR which is a requirement for BC.
So in your own view I have to complete 5years and obtain PR before I could apply for BC.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Sun May 26, 2013 8:46 am

Irrespective of the separate question on loss of Austrian citizenship on attainment of British citizenship, you will require PR first. This requires, in general, 5 years' residence.

With regards to the other question, did your spouse attain PR as an Austrian citizen living in the UK or did they attain it by some other method?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sun May 26, 2013 9:06 am

This is a very interesting thread! It makes a lovely start to my Sunday!

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sun May 26, 2013 11:36 am

EUsmileWEallsmile wrote:Irrespective of the separate question on loss of Austrian citizenship on attainment of British citizenship, you will require PR first. This requires, in general, 5 years' residence.

With regards to the other question, did your spouse attain PR as an Austrian citizen living in the UK or did they attain it by some other method?

Yes She obtained her PR after 5years residence in the UK and BC after 1yr of PR.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Sun May 26, 2013 12:10 pm

zubby007 wrote: Yes She obtained her PR after 5years residence in the UK and BC after 1yr of PR.
That's helpful. It could be argued that she still has permanent residence under the regulations (provided she has not been absent from the UK for more than two years).

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sun May 26, 2013 12:24 pm

Directive/2004/38/EC wrote:This is a very interesting thread! It makes a lovely start to my Sunday!

I couldn't find anything relating to my question on the thread.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sun May 26, 2013 12:30 pm

EUsmileWEallsmile wrote:
zubby007 wrote: Yes She obtained her PR after 5years residence in the UK and BC after 1yr of PR.
That's helpful. It could be argued that she still has permanent residence under the regulations (provided she has not been absent from the UK for more than two years).

No, she has not been absent from the UK for more than 3months, So in that regard my EEA residence is still up and running?

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Sun May 26, 2013 5:12 pm

Jambo wrote:I have a different view.

The partner has not lost his PR status by becoming British (and losing his Austrian citizenship). The only way to lose a PR is by being absent from the UK for more than 2 years. He is a PR holder and a EEA national (although British).
It is an odd case but I don't think he lost the rights under the directive.

Having said that, the spouse would need to complete 5 years of residence to obtain PR which is a requirement for BC.
Possible pitfalls that come to (my mind) with this viewpoint are:

Say, the OP carries on under the EU route up to the 5 year mark and decides to apply for confirmation of PR - which in this case would be wise - he would need to:

1. Show that he is (not was) the spouse of a EEA/EU national who has either attained PR or has resided in the UK for such a time in accordance with the regulations. The EU national's PR card covers this bit, but..

2. The OP would also need to provide the EU national's ID, but as they renounced their Austrian citizenship, there may be none to show. Now, one can argue that the HO should have a copy on file to refer to but would this copy still be deemed legitimate in light of the circumstances aforementioned?

3. The EEA4 form asks if the EU national is also a British citizen. The OP will have to answer 'yes' to this which may lead the UKBA to check if the EU national has retained their original nationality. Another potential road block.

I am not confident (without the backing of EU (case) law) that this will succeed. The cogent point is that the OP will be looking to obtain PR based on the past activities of his EU spouse who can now only lay claim to British citizenship. I do not know if there is the capacity to 'freeze frame' and disregard material changes which, if taken into account, seemingly disqualify the OP from the benefits of EU law.

Just to reassure - I am not the harbinger of ill-fated news but consider this a positive exercise in highlighting possible hurdles which can then be discussed and clarified.

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Post by zubby007 » Sun May 26, 2013 5:59 pm

Plum70 wrote:
Jambo wrote:I have a different view.

The partner has not lost his PR status by becoming British (and losing his Austrian citizenship). The only way to lose a PR is by being absent from the UK for more than 2 years. He is a PR holder and a EEA national (although British).
It is an odd case but I don't think he lost the rights under the directive.

Having said that, the spouse would need to complete 5 years of residence to obtain PR which is a requirement for BC.
Possible pitfalls that come to (my mind) with this viewpoint are:

Say, the OP carries on under the EU route up to the 5 year mark and decides to apply for confirmation of PR - which in this case would be wise - he would need to:

1. Show that he is (not was) the spouse of a EEA/EU national who has either attained PR or has resided in the UK for such a time in accordance with the regulations. The EU national's PR card covers this bit, but..

2. The OP would also need to provide the EU national's ID, but as they renounced their Austrian citizenship, there may be none to show. Now, one can argue that the HO should have a copy on file to refer to but would this copy still be deemed legitimate in light of the circumstances aforementioned?

3. The EEA4 form asks if the EU national is also a British citizen. The OP will have to answer 'yes' to this which may lead the UKBA to check if the EU national has retained their original nationality. Another potential road block.

I am not confident (without the backing of EU (case) law) that this will succeed. The cogent point is that the OP will be looking to obtain PR based on the past activities of his EU spouse who can now only lay claim to British citizenship. I do not know if there is the capacity to 'freeze frame' and disregard material changes which, if taken into account, seemingly disqualify the OP from the benefits of EU law.

Just to reassure - I am not the harbinger of ill-fated news but consider this a positive exercise in highlighting possible hurdles which can then be discussed and clarified.
It's really getting tight on me, I can understand your view points Considering this into account it's wise to switch to UK national LAW as Spouse of BC or should I wait to complete my 5years under EU law?

Locked
cron