What if HO refuses BC to curtail EU Free Movement?

[non_EU_wife]

Hi everyone,

My first time here and to introduce myself am actually asking this on behalf of my husband who is a UK resident. I am the non-EU wife and currently living in Kenya with our two children.

A brief background: My husband has held permanent residency for the last 26 years. Been living and working almost all his adult life in London. He never bothered to apply for citizenship until now. Procrastination; (Put us in big mess as our two kids cant be registered British.)

He is now just about to submit his application for the citizenship. After being refused family visa early this year; we began planning and researching on the Surinder Singh route. (well I do all the researching, he is not very present on the net). I am an active member of the FB group on this and have made it my business to know the route well. So I understand it well. So our general plan is to evoke SS route once he acquires the citizenship but now we are getting jittery due to recent developments from the HO.

SS route is definitely grabbing HO attention, and they are doing whatever they can to make it more difficult. There are new changes being introduced in Jan 2014 which basically require a Brit to have transferred the 'center of life' to the EU country before seeking to come back. My question is since they know they cant alter EU law, what if they make it deliberately difficult for my husband get his citizenship knowing well this will enable him to do SS?

I mean they have all our data in files and it will show his family was refused entry couple of months ago (we applied spouse visa in April 2013 and was refused). What if they just add 1+1 and refuse him based on the fact they assume he is applying for it now, solely to benefit from SS? I am seriously concerned and researching if naturalization refusal even have any appeal openings.

I would like to make it clear he meets all other requirements for citizenship; Clean CRB,(he works at a school) LiUK test, English Test (not yet done but he will), Residential requirement etc. He has never been on benefits, never been bankrupt.

I don't know why we never thought of this scenario and am now getting extremely jittery. Please advice as much as you can. I will appreciate. My apologies for the long post. I just wanted to make it comprehensive enough for people to understand our position.

[Wanderer]

Why was the Spouse visa refused?

[jotter]

and what is the current nationality of your husband?

[non_EU_wife]

Financial requirement. We were supposed to meet a higher threshold of £24,800 p.a (2kids + spouse). He earns £24,000 p.a.

[non_EU_wife]

My husband's nationality is Kenyan.

[Wanderer]

Financial requirement. We were supposed to meet a higher threshold of £24,800 p.a (2kids + spouse). He earns £24,000 p.a.

Are they his children?

[non_EU_wife]

"Are they his children"

Of course, they are both his children! I don't think you read my OP, it says "our" kids.

[jotter]

That's really tough regarding the financial threshold, but there is no obligation for him to declare what his future intentions are when he makes his BC application, other than simply stating which country he plans to live in afterwards, to which he should simply answer UK. He cannot be held to account for that answer in the future, nor can the UKBA presume to guess his plans. People change life plans all the time. They can only judge the application upon whether he fulfills the current requirements for that application. They will be aware that the spouse visa was refused, but that only comes into play if the reason for the refusal was something which is relevant to a BC application, which the financial requirement isn't.

[Wanderer]

"Are they his children"

Of course, they are both his children! I don't think you read my OP, it says "our" kids. :)

My partner says 'our kids' when they're only naturally mine!

I thought that the finance requirements didnt apply to own kids, but I might well be wrong......

Sorry for offence

[Casa]

Only if the children hold British nationality Wanderer.

[non_EU_wife]

No offense taken.

For clarification we have 2 children, a 4yo and 1yo. They are both his natural children. We been married 2yrs (on paper) but been in a relation a kin to marriage for 3 yrs before that. He even lived here in Kenya with us for 11 months in 2011. {By our calculation this still makes him meet the residential period - he still falls under the total number of absence normally disregarded (480days)}

[Amber]

If the children are British, have ILR/PR or are eligible for ILR then there is no additional financial requirement.

[non_EU_wife]

Further, clarification. The children are not British. They could not qualify because he did not have citizenship at the time of their birth (he is not yet BC). He is applying now.

[Casa]

In this case Amber, the children have neither.

[Amber]

I was just clarifying casa just in case it's relevant to others. But yes, you're right it doesn't seen applicable to the children.

[non_EU_wife]

I was hoping for a bit of reassurance(from diverse view points) after making a few of the clarifications people were asking. Did I offend anyone?