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EEA national becoming British, what about the Non-EEA?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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datuchi
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EEA national becoming British, what about the Non-EEA?

Post by datuchi » Fri Feb 12, 2010 1:14 pm

Hey,

I'm eligible to apply for British Citizenship in May 2010 (an EEA national 5 yrs worker +1 year PR). What happens to my wife who is on an EEA family member residence card if I become British? We would have been married 3-4 years by the time I've completed my Naturalisation process.

Is she eligible to apply for ILR as soon as I've obtained BC and Naturalise straightaway, or if not, what category would she be applying in 2012 (see below)?

Set(M) requires her to have been in the spousal category for 2 years prior to applying for ILR. However, if she is not allowed to apply for ILR upon me obtaining British Citizenship (if I do decide to) on the basis of having taken the European (and only) route, then there is a vicious circle as she wouldn't be able to apply for PR in 2012 as I would have renounced my current Czech citizenship and will only have the British one??? It's not as decisive, after all, and clearly it may be the case of sticking with my citizenship and my wife applying for PR on that basis.

I just wanted to "explore" all the avenues...

Any ideas at all gents and ladies? :lol:
None of the advice/opinion is expressed with the view of assuming responsibility as to its accuracy. Anyone intending to rely on any advice/opinion should seek independent legal advice before acting upon it.

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