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Help needed - Spanish wife, Married to Brit, many years

Posted: Tue Jun 28, 2016 7:52 am
by gilroyneil
Hi,

Apologies for being a little clueless on all this, but since Brexit I am concerned about my wife (who is Spanish) and what *might* happen in a few years. We would much rather start the process of her becoming a British Citizen now than wait and see what *could* happen.

She has lived her for 12 years, working in the NHS the entire time (full time/part time). We married 6 years ago, and have lived together in same house for last 8 years. We have 2 kids (4 and 7) who have dual nationalities - both have a UK passport right now. I am British.

So, I believe the process is: She needs to fill out the 85 page Permanent Residence (PR) form. When that gets returned after some time (3 - 6 months?), she can then start the next stage to become a British Citizen? Is that correct?

If so, I have some specific questions around the PR form...

1. We have read the guidance/looked at form several times. Am I her Sponsor? Does she even need a sponsor? It was totally unclear to me if she needs this as she should be a "Qualified Person" and therefore no need?
2. I have seen a few solicitor firms offer to "validate" passport(s) so that we don't need to send those in... does that work? If I am somehow her sponsor, I need my passport for my work and cannot send it in.
3. Is there any way to speed this process up by paying one of these solicitor firms? I think not - I think they simply assist, they cannot influence the speed of anything?

Thank you so much! We are absolutely terrified at what is happening to this country right now. If we can start this process it will make us both feel better.

Re: Help needed - Spanish wife, Married to Brit, many years

Posted: Tue Jun 28, 2016 8:54 am
by noajthan
gilroyneil wrote:Hi,
...

So, I believe the process is: She needs to fill out the 85 page Permanent Residence (PR) form. When that gets returned after some time (3 - 6 months?), she can then start the next stage to become a British Citizen? Is that correct?

If so, I have some specific questions around the PR form...

1. We have read the guidance/looked at form several times. Am I her Sponsor? Does she even need a sponsor? It was totally unclear to me if she needs this as she should be a "Qualified Person" and therefore no need?
2. I have seen a few solicitor firms offer to "validate" passport(s) so that we don't need to send those in... does that work? If I am somehow her sponsor, I need my passport for my work and cannot send it in.
3. Is there any way to speed this process up by paying one of these solicitor firms? I think not - I think they simply assist, they cannot influence the speed of anything?

Thank you so much! We are absolutely terrified at what is happening to this country right now. If we can start this process it will make us both feel better.
Your high-level understanding is correct.

1) No sponsor. Wife applies in own right as a qualified person.

BCs cannot sponsor EEAs as UK law does not consider BCs to be EEA nationals in this context (even before Brexit).

2) No. Send original.
Your passport isn't needed anyway as you are nothing to do with the application.

3) No. All applications go to HO and join the queue.
HO often fails to meet its legal obligations under EU law to process within 6 months. A solicitor cannot help with that.

Re: Help needed - Spanish wife, Married to Brit, many years

Posted: Tue Jun 28, 2016 9:03 am
by gilroyneil
Wonderful - thank you for the quick reply.

I will re-study the form/guidance document and see if I can understand all the relevant sections now!

Thanks again