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Dear all,

I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.


I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.

What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.

Please advice

Regards
Konstantin

kostikson wrote:Dear all,

I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.


I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.

What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.

Please advice

Regards
Konstantin

Do you already hold British citizenship?

Yes I hold certificate of naturalisation.

Casa wrote:

kostikson wrote:Dear all,

I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.


I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.

What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.

Please advice

Regards
Konstantin

Do you already hold British citizenship?

kostikson wrote:Dear all,

I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.


I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.

What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.

Please advice

Regards
Konstantin

If spouse is on EU route as dependent family member then, as long as you continue to exercise treaty rights, she may be on track to acquire PR (not ILR) sometime in 2018.

You are correct her PR clock will be stopped if you become a BC.

I assume by 'apply for passport' you may actually mean shoot for privilege of citizenship first (?). Passport application comes later.

If you do (or have) naturalise(d) before wife acquires PR then, yes, she will need an alternate UK-route visa in order to remain in UK.


Reason: a dual national who is a BC is only considered to be a BC by HO.

kostikson wrote:Yes I hold certificate of naturalisation.

Casa wrote:

kostikson wrote:Dear all,

I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.


I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.

What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.

Please advice

Regards
Konstantin

Do you already hold British citizenship?

@noajthan the OP says he already holds BC which was my concern when I asked him the question.

Dear Casa, I see it now.
(I can't type so fast on my fone & you beat me to it).

So OP is now a BC & so wife's EU route is terminated.
(2013 is too late to invoke the transitional arrangement).

Thanks for advice both.

Seems like I made a bit of mess with the spouse visa and have to re-apply for a UK one. I also hold the BC for more than a few months, would that be a problem. In principle I had to notify them as soon as I received it.

@kostikson The application/issue of a British passport is irrelevant. As noajthan has correctly advised, the granting of British citizenship put paid to your wife's route to PR via EEA regulations.

kostikson wrote:Thanks for advice both.

Seems like I made a bit of mess with the spouse visa and have to re-apply for a UK one. I also hold the BC for more than a few months, would that be a problem. In principle I had to notify them as soon as I received it.

My understanding (although noajthan may be able to advise differently) is that your wife must move to the UK spouse route ASAP in order to remain here legally. I hope I may be mistaken as that seems drastic. Are you able to meet the minimum income level of £18,600 per annum? Your wife will also have to pass the A1 level English test from a HO approved provider unless she has a degree taught in English.

Casa wrote:@kostikson The application/issue of a British passport is irrelevant. As noajthan has correctly advised, the granting of British citizenship put paid to your wife's route to PR via EEA regulations.

I am a bit confused. What should I do next:
If we would stay long term in UK, re-apply for UK spouse visa asap so 5 years period can be accumulated sooner.
Re-apply for UK spouse visa in 2017 once existing one expires.

Casa wrote:

kostikson wrote:Thanks for advice both.

Seems like I made a bit of mess with the spouse visa and have to re-apply for a UK one. I also hold the BC for more than a few months, would that be a problem. In principle I had to notify them as soon as I received it.

My understanding (although noajthan may be able to advise differently) is that your wife must move to the UK spouse route ASAP in order to remain here legally. I hope I may be mistaken as that seems drastic. Are you able to meet the minimum income level of £18,600 per annum? Your wife will also have to pass the A1 level English test from a HO approved provider unless she has a degree taught in English.

Yes we can easily meet both criteria. Is that the FLR visa we should go for ?

Your wife doesn't currently hold a visa (if I've understood correctly). She has an EEA permit which is no longer valid now that you are a BC.

kostikson wrote:

Casa wrote:@kostikson The application/issue of a British passport is irrelevant. As noajthan has correctly advised, the granting of British citizenship put paid to your wife's route to PR via EEA regulations.

I am a bit confused. What should I do next:
If we would stay long term in UK, re-apply for UK spouse visa asap so 5 years period can be accumulated sooner.
Re-apply for UK spouse visa in 2017 once existing one expires.

Unfortunately the RC is now invalid; its not actually a 'visa', your change of citizenship will have invalidated it.

Unless you both transfer out to another EU country (to follow Surinder Singh route) then EU rules are closed.

As Casa suggests, the mainstream path left now is the more stringent UK visa path.

The main issue as I see it, is that I'm not sure whether you can switch to a UK spouse visa from within the UK. This isn't normally permitted when the applicant doesn't have a valid visa in order to change categories. @noajthan your thoughts?

what is the best way to get a professional advice on my case ?

Casa wrote:The main issue as I see it, is that I'm not sure whether you can switch to a UK spouse visa from within the UK. This isn't normally permitted when the applicant doesn't have a valid visa in order to change categories. @noajthan your thoughts?

Not sure about switching.

If it's this visa:
https://www.gov.uk/remain-in-uk-family/eligibility

then am wondering what is meant by on release ...

If you’re in the UK on temporary admission or release (you don’t have a visa) you can only apply to switch if you both:

apply in a 10-year route
can prove you’ve been in the UK for more than 6 months before you apply

You can also switch between routes if your eligibility changes