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Spouse of British Citizen, Temporary Status??

Posted: Tue Mar 06, 2018 10:09 pm
by Benjaminborggrech
Hello,

I am a British Citizen from birth. My wife and I have been together for 3 years and married for just over 1 year. We also have a daughter born in UK as a British Citizen.

My wife will not of been in the UK for anywhere near 5 years to apply for settled status.

I don't think she can apply for ILR as she hasn't been here long enough.

What are our options? I do not want her to have to leave when UK leaves the EU. I am having a very hard time trying to find what are our options...

I read somewhere about Temporary Status until she is here for 5 years and then apply for settled status but I can't find any information about Temporary Status on the Gov website. It only actually explains about Settled Status.

What is our option? I can't believe that she actually might have to leave once the UK leaves the EU...

What do we do??

Re: Spouse of British Citizen, Temporary Status??

Posted: Tue Mar 06, 2018 10:26 pm
by Benjaminborggrech
Sorry I forgot to say, my wife is a Hungarian Citizen so EEA.

Re: Spouse of British Citizen, Temporary Status??

Posted: Tue Mar 06, 2018 10:27 pm
by alterhase58
Maybe it's worth reading the draft agreement published by the EU (sorry if you have done already):
referendum-news-and-developments/eu-dra ... 50375.html
"ILR" is under UK immigration rules for non-EU. Who is telling you that EU citizens have to leave?

Re: Spouse of British Citizen, Temporary Status??

Posted: Tue Mar 06, 2018 10:50 pm
by Benjaminborggrech
Thank you for the reply.

I am sorry, I am Epileptic and get confused.

I have read a lot of different Gov pages and they all talk about spouses of EEA nationals, does that include British Citizens as an EEA national?

So any EU citizen that came before March 2018 will be allowed to stay in the UK, and eventually get settled status? That is my understanding from your reply.

What would their status be called during this time?

Re: Spouse of British Citizen, Temporary Status??

Posted: Wed Mar 07, 2018 8:09 am
by CR001
does that include British Citizens as an EEA national?
No.

Re: Spouse of British Citizen, Temporary Status??

Posted: Wed Mar 07, 2018 10:54 am
by alterhase58
So any EU citizen that came before March 2018 will be allowed to stay in the UK, and eventually get settled status?
Government ministers have said that this will apply in most cases, subject to the usual checks, such as criminal record, HMRC, etc. Your wife will have to apply for status (temporary and settled) in her own right. Once settled status is confirmed, after five years residency, she can apply immediately for BC, as a spouse of a British Citizen. Based on the current system of course, precise details should be known once the new system is rolled out.