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Hello Everyone,

I would like to get an opinion from the experts in here. My story is as below.

I am a non-EU citizen who's holding an EEA2 family residence permit until 2018 February. My wife is an Italian Citizen who's willing to apply EEA3 Permanent residency in 2014 August after completing the 5 years while exercising the treaty rights as an EEA citizen. Furthermore she plans to apply for British citizenship as soon as she eligible for it. Most probably she will be able to apply at the end of 2015.

1. Assuming she gain her British citizenship by end of 2015, what will be the best/ quickest option for me to go for the British citizenship?
2. Going via EEA4 (Feb 2018) to Citizenship? or apply after my wife gain the citizenship (2015~2016)?
3. If I am following the latter option, do I have to wait further 2 years or Can I apply soon after my better half's citizenship?

Thanks in advance for your time and efforts spend on my matter.

Even if your spouse is British, you still need ILR or PR status to apply so the earliest would be to apply once you obtain that which would be after completing 5 years of residence in the UK as a family member of EEA national (date of marriage or first entry as married to EEA national). The dates on your RC (EEA2) are irrelevant.

Thanks Jambo for prompt reply.

So according to your view, I have to get my PR first. Assuming at the time I get my PR, my wife is already BC. In that case, Can I apply for BC as soon after (without waiting for another year) obtaining the PR?

In a separate note, I wanted to clarify this statement as well.

According to the www.gov.uk (https://www.gov.uk/becoming-a-british-c ... sh-citizen), "if your spouse is a British Citizen" guideline, you can apply for citizenship if you lived here for 3 years before the application received. It's quite ambiguous statement for me. Assuming my wife obtains her BC in 2015, ain't I qualify for applying for BC in 2016, stating the previous 3 years residency (2013-2016) in UK?

You would meet the 3 years residence requirement but not the (separate) requirement to have ILR/PR (which requires 5 years).

What's the point of 3 years you ask? Well the rules for BC are separate from the rules for ILR and in the past you could have achieved ILR earlier. Also this means that only the last 3 years of residence count for BC (if for example you have been absent a lot during your first 2 years).

I am sorry, I wasn't clear enough I guess. Anyway I understand that I need to obtain my ILR/PR through EEA4, before going to the BC. So in summary,
2013-2018 - Applying for PR/ILR
2018-2019 - BC (1 YEAR after obtaining the PR)
1. Is that correct?

Just another question related to this.
2. If my wife becomes a BC before I submit my EEA4, do I have to adopt into different application than EEA4? (She is an EEA citizen now)

If your wife does not get British citizenship, you will be able to apply for BC one year after you acquire PR status (which you acquire after 5 years via EEA route). You do not have to obtain a proof of PR (via EEA4 application), but you might still want to do it to facilitate travel and work.

If your wife obtains British citizenship (and does not lose Italian), you will be able to apply for BC immediately after you acquire your PR status and you will not have to wait one year after PR. I was in the same situation (my EEA national husband obtained British citizenship shortly before I acquired PR status, while keeping his original EEA citizenship) and I applied for BC after 5 years and skipped the EEA4 application. However I had to send documents confirming that I have acquired PR status when I applied for BC (something like a mini EEA4 application).

If your wife loses Italian citizenship when she becomes British, then things might become more complicated as I am not sure whether you can still claim that you are in the UK based on EEA rules. There is relevant thread on it in this forum, I will post a link if I find it.

That's quite helpful information majamcr, Thanks a lot.

Can anyone please confirm, what will happen to my route, if my EEA wife obtain BC? I think, Italy is no longer supports dual citizenship.

My case In summary:
1. 2012 December - Marriage
2. 2013 February - I have obtained the EEA2 family permit valid till 2018 Feb
3. 2014 August - My spouse will apply for her PR/ILR
4. Then her Citizenship (not decided when to)

Are you sure about Italy? I think they still allow dual nationality.

Just realised that the law on how dual EEA/UK citizens are treated changed in 2012, see this thread:

http://www.immigrationboards.com/eea-ro ... 61604.html

Considering that my recent BC application was successful (I realise I was very lucky), it seems that the HO is making provisions for the applicants who were already on the EEA route.

Considering the law change, even if your wife can have dual citizenship, the safest option for you might be to obtain PR status via EEA route before your wife obtains British citizenship.

Thank you majamcr for your valuable input.

jambo - You're correct, Italy supports dual citizenship. http://www.esteri.it/MAE/EN/Italiani_ne ... inanza.htm

Looking at this thread (eea-route-applications/retaining-eea-family-member-right-of-residence-t161604.html) and majamcr's valuable input I think my route suppose to be:

1. 2012 December - Marriage
2. 2013 February - I have obtained the EEA2 family permit valid till 2018 Feb
3. 2014 August - My spouse will apply for her PR/ILR through EEA3
4. 2017 December - Apply for PR/ILR through EEA4
5. Finally the BC (1 year after getting the PR/ILR)

However It will be helpful, if one of you experts can drop some wisdom please?
Thank you all.

Your wife can apply for British citizenship as soon as you get your PR status. When she gets BC, you don't have to wait the whole year after PR, but can apply immediately.

Thanks majamcr, you're such a gem.