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EEA Spouse applying for citizenship (pre-settled)
Posted: Sun Aug 22, 2021 3:55 pm
by MM24
Hi
I am currently on pre-settled status and my EEA spouse (who has settled status) is applying for Naturalization. Will this affect my visa as it was attached to their settled status and will I then need to apply for a British spousal visa?
Sorry if this is the wrong place but as it wasnt related to an application and was across two different areas i wasnt sure.
Re: EEA Spouse applying for citizenship (pre-settled)
Posted: Sun Aug 22, 2021 5:07 pm
by secret.simon
MM24 wrote: ↑Sun Aug 22, 2021 3:55 pm
Will this affect my visa as it was attached to their settled status and will I then need to apply for a British spousal visa?
No.
You will continue on pre-settled status until the time you qualify for Settled Status.
If your EEA spouse has become a British citizen (after having attended the naturalisation ceremony) by then, you will be able to naturalise immediately after you have been granted Settled Status, assuming you meet the other requirements.
Re: EEA Spouse applying for citizenship (pre-settled)
Posted: Sun Aug 22, 2021 5:23 pm
by MM24
Thank you for your help on this one, that cleared it up
Re: EEA Spouse applying for citizenship (pre-settled)
Posted: Sun Aug 22, 2021 7:48 pm
by kamoe
secret.simon wrote: ↑Sun Aug 22, 2021 5:07 pm
MM24 wrote: ↑Sun Aug 22, 2021 3:55 pm
Will this affect my visa as it was attached to their settled status and will I then need to apply for a British spousal visa?
No.
You will continue on pre-settled status until the time you qualify for Settled Status.
If your EEA spouse has become a British citizen (after having attended the naturalisation ceremony) by then, you will be able to naturalise immediately after you have been granted Settled Status, assuming you meet the other requirements.
There might a caveat though.
At least as of very recently, if by the time you are eligible for Settled Status your spouse has become a British Citizen, you will not be able to apply for Settled Status online. You will have to apply via the Lounes route, which is only paper-based. You need to call and ask for a paper form, and this does and processing time.
For this particular reason only my partner waited before applying for naturalisation until I got Settled Status. Not saying you have to wait, but something to keep in mind (then again you won't need to wait the extra year after Settled Status as @secret.simon explained, so that might balance things out).
Re: EEA Spouse applying for citizenship (pre-settled)
Posted: Fri Sep 10, 2021 5:42 am
by Ingaevone
My understanding is that if your EU spouse is also a British citizen, they need to be exercising treaty rights (working or having sickness insurance) in order for the non EU spouse to get settled status. This is not a requirement if the EU spouse has Settled status but not British citizenship.
The application for Settled Status for a non-Eu spouse with a spouse who is both an EU and British citizen is called a Lounes application. This is a lot more complicated than an application where the EU spouse is not a British citizen.
I am not an immigration lawyer, so do not take this as advice. This is just my understanding of the situation. Maybe do more research on Lounes applications.