WHICH TO GO, EEA 4 OR British citizenship straight away?

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Hello my friends,

I put a topic yesterday and have got some very satisfied replies! Thanks very much to you, Plum70!

After thinking it very carefully, I am coming to put this new topic today. I list again my history and current situation below:

Entered the UK and living as a student: Mar 17, 2005
Started living together with my husband (at that moment, boyfriend) since: June 2005
Got married with my husband: Mar 2006
Applied for EEA2 and got the Residence Card on: Oct 12, 2007 (I always had a valid student visa so I did not apply for EEA2 until 1 year after marriage)
Up to date, I have been living with my husband in the UK for 4 years and 10 months, and we have been married for 4 years.

I did not mention in my last topic that actually my husband has applied and obtained the British nationality last year. Now he is an EEA and British dual-national. If I understand the policy correctly, by the date when I got PR (maybe automatically), I am eligible to apply for the BC as the wife of a British citizen.

My reasons to ask the question if going for EEA 4 or BC straight away are as follows:

1.by reading so many topics and people's comments on EEA4 application, I found the waiting time for such application is really too long

2.The comprehensive medical insurance will always be a big issue for me. Both I and my husband are doing PhD and we won’t finish the study by the end of next year. Actually, I have decided to buy insurance as soon as possible, but it’s still impossible to cover our previous time when my husband was exercising treaty rights in the UK as students.

Previously, I did not intend to apply for BC, because my home country does not accept dual nationalities. If becoming British, every year I have to apply for visa to go back to my county and stay for just over one month. The visa application fee of my home country is really costly. Originally, I just wanted a PR confirmation on my passport to verify my right of being as a home student, work and long-time residence here in the UK, but now I would like to apply for BC.

I understand that the medical insurance issue may make my EEA4 application refused. This leads me to think that, if I can obtain the PR automatically after 5 years of residence with my husband in the UK, why not just going straight away for BC application? To be honest, I have no idea if the medical insurance still needs to be provided for BC application without a PR conformation on my passport. Aslo, I have to take the risk because it seems that the BC application now costs over 700 pounds. If failed, it’s painful!

Please could someone advise me again how should I do?

Many Many Thanks!

[thsths]

I did not mention in my last topic that actually my husband has applied and obtained the British nationality last year. Now he is an EEA and British dual-national.

Hm, that does make a difference. Because he is a BC, he is not exercising his freedom of movement under European law. This has been found quite clearly in a number of court cases. So legally that is an interesting situation, although it seems quite clear that you still have the justified expectation of staying in this country, and I don't think the UKBA has discovered or addressed this situation so far.

Anyway, I assume that he acquired PR before he got BC, in which case is right to stay here is unconditional, and insurance should not be a problem.

1.by reading so many topics and people's comments on EEA4 application, I found the waiting time for such application is really too long

Indeed - contrary to all repeated promises the UKBA is still not complying with the processing times.

I understand that the medical insurance issue may make my EEA4 application refused. This leads me to think that, if I can obtain the PR automatically after 5 years of residence with my husband in the UK, why not just going straight away for BC application?

I think not - the law requires one year of PR or ILR before you can nationalise. And it is probably going to change in June next year anyway. I would advise you to check out the details and see whether you want to apply before or after the change.