Ancestry Application – Should we include me as the spouse?

[martinweyer14]

My husband qualifies for British citizenship through double descent and looking to submit his application, however, before we apply I was wondering if someone can give us some advice that has perhaps applied for this in the past.
We getting conflicting advice online and these immigration firms say that I as his spouse possibility qualify, however, they cant confirm it before you pay them a fee, which makes me sceptical. I don’t mind paying for a solicitor's services if I know they can assist and it's not a scam.

Background:
Husband Citizenships: Irish and South African. Qualifies for British citizenship through double decent.
Me: South African Citizenship on an EEA Residence Permit in the UK.
Married 3 years and been living in the UK 3 years.

Some immigration firms have said because we have been married for more than 3 years, that I could possibly qualify for my British citizenship and add it to my husband's application when he applies for his British citizenship. However, need to pay them a £500 fee to confirm this.

Has anyone done an application like this and is it correct, do I qualify?

If so a recommendation of a good solicitor that could help us with the process would be greatly appreciated, so that we can do it correctly?

Thank you in advance

[CR001]

You as a non EU citizen are required to hold PR before you can apply for citizenship. To apply for PR, you need 5 years residence. This is mandatory and you need the document certifying PR to submit with your application.

You are only a spouse of a British citizen IF your husband is already British and would only qualify for the 3 years spouse of BC application after he is already BC and you hold PR.

How does your husband qualify for BC by double descent? It is not the most straightforward applications.

If so a recommendation of a good solicitor that could help us with the process would be greatly appreciated, so that we can do it correctly?

Under the forum T&Cs, members are not permitted to post names or details of solicitor firms.

[martinweyer14]

Thank you for your quick reply, and confirming the below.

I dont have PR, just a EEA Residence card that is valid for 3 more years, I believe it will expire when the UK leaves the EU next year.

You mentioned the 3 years spouse below of a BC, I am not sure I understand. If he gets his BC and we have been married for 3 years can I then apply for my BC or do I still need to get my ILTR first, which takes 5 years, or is my EEA residence card qualify?

He qualifies based on the following to our knowledge.
- His mom was born in a UK colony
- Both his maternal grandparents were born in the UK.
- His maternal grandfather was working for the crown at the time of his mothers birth.

What would be our best course of action,
My husband to apply for his BC and for me to obtain a spousal visa until I am able to apply for ILTR after 5 years?

[CR001]

You can apply based on 3 years residence as a spouse of a British Citizen (he must already be British) if you hold PR. To apply for PR, you must have 5 years residence, counted from the date you entered the UK. Your residence card is not sufficient, it must be a PR card.

My husband to apply for his BC and for me to obtain a spousal visa until I am able to apply for ILTR after 5 years?

This would be the worse choice to make as if you apply for a spouse visa based on a British spouse, your clock towards ILR is reset to zero and a new 5 year residence period.

See also the below regarding dual EU/British citizens and how it might affect your current residence status.

eea-route-applications/do-dual-eu-uk-ci ... 2-280.html

He qualifies based on the following to our knowledge.
- His mom was born in a UK colony

Which UK colony?

[martinweyer14]

Thank you for the below. That would've been a bad mistake. I will read about the dual nationality, thank you.

If you have PR you would've been here for 5 years, wouldn't you qualify for ILRT and can apply for citizenship? Not sure why the 3 year residency then applies?

Its noted on the .GOV website there will be a system in place for when the EEA Residence Cards expire. Perhaps best to wait to see what that would be so that I can apply for ILTR when my 5 years residence has been completed? Unless there is another way that I am not aware of?

[martinweyer14]

Oh the UK colony is Kenya and his grandfather worked on building the railways employed by the crown.

[CR001]

If you have PR you would've been here for 5 years, wouldn't you qualify for ILRT and can apply for citizenship? Not sure why the 3 year residency then applies?

As you are on the EEA route, you don't apply for ILRT (costs around £3000 at present). ILRT is under the UK immigration rules which is not the route you are on. You apply for PR under the EU regs which costs £65.

Don't confuse PR or ILRT requirements with citizenship laws, they are separate sets of rules completely. Pre 9th July 2012, spouse of BCs had 2 year spouse visas and then had 1 year on ILR before they could qualify for citizenship. The 3 year law has never changed and is harder to change a citizenship law than it is to change an immigration rule.

Its noted on the .GOV website there will be a system in place for when the EEA Residence Cards expire. Perhaps best to wait to see what that would be so that I can apply for ILTR when my 5 years residence has been completed? Unless there is another way that I am not aware of?

There isn't any other way that is quicker or relevant.

[martinweyer14]

Thank you very much for your help an advice, its been most helpful.

I will just keep on the path we are on and look out for how things will change once the UK leaves the EU.

[CR001]

The transition period appears to be till December 2020.

I don't believe you have to worry and you won't just get told to get out. As the spouse of an Irish citizen, who is automatically considered settled, you will be fine.