Elsaify wrote:Hia,
I am non-EU and i lived in the UK for about 7 years now, 5 years studying (student visa) and 2 years working (work permit)
What's your nationality?
I got married in the UK (UK marriage certificate) to Austrian citizen 6 month ago.
My wife is currently University student and she came to the UK about or more than 10 years ago, for all this time she had been living with her family in the UK as student. She have proves that she been living and studying in the UK for the last 10 years.
My wife or her Austrian family members never applied any UK permanent residence or nationality in the UK?
My questions are:
Is my wife now eligible to apply for British Nationality? Or how she will be eligible?
Your wife became a Permanent Resident on 30 April 2006. As someone else has said, she should use form EEA3 to apply for evidence of her status.
She can apply for British citizenship 12 months after 30 April 2006, ie in May 2007.
She needs to be aware that she will lose her Austrian citizenship automatically unless she obtains permission in advance to keep it from the Austrian authorities: (Bewilligung der Beibehaltung der österreichischen Staatsbürgerschaft).
This is granted by a state government (Landesregierung), eg for Vienna:
http://www.wien.gv.at/amtshelfer/person ... ltung.html
Dose my wife has to register or use any of the EEA forms before she apply for nationality?
Not strictly necessary, but strongly advisable to use form EEA3 to obtain evidence of her Permanent Resident status.
I am going to apply for residence card using EEA2, do you think my application will be successful even that my wife did not apply for any type of residence in the UK and she hade been living in UK with her family under the default EU rights??
As your wife is a Permanent Resident, you could also apply for a UK-rules spouse visa. You would then get Indefinite Leave to Remain in 2 years, not 5 years under the EEA permit.
If I get the residence card for my self and after that my wife got the British nationality can I apply for permanent residence or the British nationality?
You need to have
permanent residence before you can become a British citizen.
Does your wife want to become a British citizen? If she naturalises, then your visa/citizenship options become clearer.
Also bear in mind that if you have any children born in the UK in future, they will
automatically be British citizens because your wife is a Permanent Resident. However Passport Office staff might not understand this, so you would probably need to get a letter from the Home Office IND confirming the child's British citizenship before applying for a British passport.
