EEA2 visa revoke on BC

[john2134]

Hi,

I recently applied for PR after having completed 5 years in UK as EEA national which I successfully acquired.
My partner applied with me for an EEA2 visa on the basis that I am a qualified person. She has already been 6 years in UK on a combination of Student, Tier1 and Tier2 Visas but she is not entitled to ILR yet.

I would like to apply for BC this September.
Does this mean that my partner's existing EEA2 visa will be revoked immediately if my BC application is successful or that she will retain her right to remain until her visa is expired regardless of my Dual Citizenship status?

Thank you for your help.

[Casa]

You should wait to apply for BC until your partner has qualified for PR.

[john2134]

You should wait to apply for BC until your partner has qualified for PR.

Thank you for your reply.

Does this mean that her visa will be immediately revoked as I won't exercise treaty rights?
Provided that she can keep her current EEA2 visa until expiry she will be able to apply for ILR through the 10 years route so there is no need to wait 5 years for PR.

[ohara]

Your partners immigration status in the UK depends on yours - if you cease to be an EEA citizen (which for immigration purposes, the UK considers you to have done when you acquire British citizenship), your partner no longer has the right to reside here under the EEA regulations.

If you wait until your partner has PR, you can do what you want and it doesn't matter. It is seriously in your best interests to wait until this happens.

[Casa]

Your partners immigration status in the UK depends on yours - if you cease to be an EEA citizen (which for immigration purposes, the UK considers you to have done when you acquire British citizenship), your partner no longer has the right to reside here under the EEA regulations.

If you wait until your partner has PR, you can do what you want and it doesn't matter. It is seriously in your best interests to wait until this happens.

+1 ohara