Spouse of new British Citizen - how long till she can apply?

[polkangur]

Hi there,

I am an EU citizen, currently waiting to hear on my British citizenship application result. I applied on 21 April, using the NCS and have had my application acknowledged, fee debited and also enrolled the biometrics.

My wife (a non-EU citizen) is interested in applying and has been living in the UK since 2010. Between September 2010 and November 2012 she lived here on a student visa, while from December 2012 she has been here on an EEA2. A few questions arise:

1) If I were granted British citizenship in the coming months, does a specific amount of time need to pass before my wife can apply? Or can she apply from the moment I've become a British citizen?
2) Does 'free from immigration time restrictions' mean the time that she has been here on the EEA2? I realise EU spouses of British citizens need to be in the UK for a minimum of five years prior to applying (unless they have indefinite leave to remain), but what about non-EU spouses?

Many thanks for any advice!

[noajthan]

Hi there,

I am an EU citizen, currently waiting to hear on my British citizenship application result. I applied on 21 April, using the NCS and have had my application acknowledged, fee debited and also enrolled the biometrics.

My wife (a non-EU citizen) is interested in applying and has been living in the UK since 2010. Between September 2010 and November 2012 she lived here on a student visa, while from December 2012 she has been here on an EEA2. A few questions arise:

1) If I were granted British citizenship in the coming months, does a specific amount of time need to pass before my wife can apply? Or can she apply from the moment I've become a British citizen?
2) Does 'free from immigration time restrictions' mean the time that she has been here on the EEA2? I realise EU spouses of British citizens need to be in the UK for a minimum of five years prior to applying (unless they have indefinite leave to remain), but what about non-EU spouses?

Many thanks for any advice!

1) Assuming all other requirements are met, the spouse of a BC can apply to naturalise at their convenience;
no need to hold settled status for 12 months as a non-spouse (of BC) would have to.

Note If applying as the family member of an EEA national (ie you, as sponsor) it is the sponsor's evidence of exercising treaty rights in UK that matters; (the applicant's activities in UK do not matter).

2) 'free from immigration time restrictions' means the applicant has settled status in UK;
ie either ILR (under UK Immigration Rules) or PR (under EU rules).

It takes 5 years to acquire settled status in UK eg for a non-EEA national who is the family member of an EEA national.

See also similar case of an EEA national who is naturalising as BC & has a non-EEA spouse.
(The timing of acquiring RC may be significant).
Ref: http://www.immigrationboards.com/eea-ro ... 92914.html

[polkangur]

Thank you - this is very helpful!

[noajthan]

Thank you - this is very helpful!

This case may be helpful too, note the carefully orchestrated timings of the applications:
british-citizenship/british-citizenship ... n#p1064816

Best of luck.