EU husband got British Citizenship

[Casa]

When weighing up whether to apply for a spouse settlement visa from outside of the UK, or the lengthier (and more risky) FLR(FP) visa it would be worth bearing in mind that once your current EEA permit becomes invalid you will no longer be able to continue in employment until you have been issued with a valid visa.

[AnnaGreen]

Because you don't meet the requirements under the UK Immigration Rules for the 5 year route under FLR(M).

FLR(FP) Partner (10 year route) is for those who are unable to meet the FLR(M) requirements for partners but may qualify for an Exception under the Appendix FM.

You would have to show that there are “insurmountable circumstances” which prevent you from living outside the UK. Each case of a FLR(FP) application is considered on an individual basis.

The visa fee is £811 (postal) + the NHS surcharge of £500. If granted, the initial visa would be for 2.5 years.

Which requirements I don't meet for 5 years route?

[Casa]

You don't hold a current visa issued under the UK Immigration Rules.

FLR(M) is an application to extend (or switch from) a valid visa.

[instant_goldfish]

This is just my opinion formed from what has been said in the thread so far and I'm not guaranteeing anything, but I think you two should seriously consider the option of your husband not attending the citizenship ceremony. You would waste the citizenship fee, but it seems like it would still end up saving you money overall, not just from application fees but from potentially losing your right to work.

[noajthan]

This is just my opinion formed from what has been said in the thread so far and I'm not guaranteeing anything, but I think you two should seriously consider the option of your husband not attending the citizenship ceremony. You would waste the citizenship fee, but it seems like it would still end up saving you money overall, not just from application fees but from potentially losing your right to work.

Yes, OP has hard choice to make.

[vinny]

Because UK does not recognise someone as being an EU citizen (in immigration context) if they are also British.

Without the intention of hijacking this thread please could you elaborate on this? Maybe give me a source? Thank you!

See also Reference made to CJEU on EEA citizens who naturalise as British losing benefits of Treaty rights > Lounes, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 436 (Admin) (08 March 2016).

[AnnaGreen]

In all this stories people already had dual citizenship (which makes sense for me why they got refused at some poin from getting visa under EU regulations).

I already have EEA residence card now and logically I can not understand why I'm loosing it. I understand that my husband will be considered only as a British here but in the same time in EU he will be person with dual citizenship which means for me Britain will not respect his rights to be with family and break the law.

I honestly do not see logic here at all. For the last 3 years I m living here, paying tax, working and suddenly because my husband getting DUAL citizenship I need to loose everything and start from scratch. Does not make any sense...

[vinny]

Unfortunately, that is the current UKVI's position.

Hopefully, the Court of Justice of the European Union (CJEU) will eventually disagree with them and agree with you.

[MrsGreenside]

See also Reference made to CJEU on EEA citizens who naturalise as British losing benefits of Treaty rights > Lounes, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 436 (Admin) (08 March 2016).

Thank you ever so much!

[noajthan]

In all this stories people already had dual citizenship (which makes sense for me why they got refused at some poin from getting visa under EU regulations).

I already have EEA residence card now and logically I can not understand why I'm loosing it. I understand that my husband will be considered only as a British here but in the same time in EU he will be person with dual citizenship which means for me Britain will not respect his rights to be with family and break the law.

I honestly do not see logic here at all. For the last 3 years I m living here, paying tax, working and suddenly because my husband getting DUAL citizenship I need to loose everything and start from scratch. Does not make any sense...

UK are not Philistines - there was a transitional arrangement put in place alongside this change when the Regulations were first rolled out.
An example of the traditional British sense of fair play, if you will.
However it appears you do not qualify for it. (I have already asked if you had a FP application filed by 2012 for example - did you?).

There is EU law and there is EU law transposed into UK law.
The expectation in UK is that applicants know the Regulations that, in this scenario, have applied since 2012.

[AnnaGreen]

Let's say my husband will give up his British citizenship now, so simply don't go ceremony. How it will affect him if he will apply for citizenship later?

[noajthan]

Let's say my husband will give up his British citizenship now, so simply don't go ceremony. How it will affect him if he will apply for citizenship later?

It will be explainable in an appropriate cover letter.

[vinny]

An example of problems switching.

[kostikson]

in the same situation. My advice give up UK passport, not worth the hustle...

[vinny]

There should be an explicit warning for EU citizens wishing to naturalise, if they have dependants who have not qualified for PR.

[noajthan]

in the same situation. My advice give up UK passport, not worth the hustle...

OP's hubby has no British passport to give up yet, that's a separate procedure once hubby has attended oath/pledge ceremony.

[vinny]

Found a contrary response from Home Office!

If this response was really accepted practice, then there would have been no need to refer the question to the CJEU. Or has the CJEU already decided?

Unless the CJEU has decided, I doubt that applicants may rely on this response.

This response contradicts 19-28 and

The Defendant submitted that, after naturalisation as a British citizen, Mrs Ormazabal could no longer exercise any EU right to free movement within the U.K. despite her Spanish nationality and Union citizenship. In that respect, she was in the same position as other British citizens living in the U.K. who did not have dual nationality. She could, of course, exercise her EU right to free movement in other EU countries. It followed that the Claimant's application to reside in the U.K. had to be determined according to U.K. domestic immigration law only; he could not rely upon the Directive and the EEA Regulations 2006.

[AnnaGreen]

My husband had conversation with one of the "HO advisers" and first they told him it's completely fine and I won't be affected. When he told them that by law UK will consider him only as a British ( not European anymore) they change story and told him I will need to leave and reapply for new spouse visa.

When he ask about my job they told him I can continue working. Then he mention that for this visa I need to leave the country and it takes few weeks so how she can continue working they told "in this case she will need to quit her job "

I think each time he will call them they will give him a different answer.

For me it's all sounds just crazy! I think they should give some warning to people who want to apply for citizenship and make it very clear, so no one get in the same situation. Also it's not £5 for application which you can forget about its over a 1000!!!

[noajthan]

My husband had conversation with one of the "HO advisers" and first they told him it's completely fine and I won't be affected. When he told them that by law UK will consider him only as a British ( not European anymore) they change story and told him I will need to leave and reapply for new spouse visa.

When he ask about my job they told him I can continue working. Then he mention that for this visa I need to leave the country and it takes few weeks so how she can continue working they told "in this case she will need to quit her job "

I think each time he will call them they will give him a different answer.

For me it's all sounds just crazy! I think they should give some warning to people who want to apply for citizenship and make it very clear, so no one get in the same situation. Also it's not £5 for application which you can forget about its over a 1000!!!

The 'call helpline 3 times get 4 different answers plus a mistransfer through to a cat lady in Bognor Regis' is well known.

Most unfortunate but keep in mind there are many routes to the privilege of citizenship. Naturalisation via the EU route is just one of them.

The consequences of naturalising are well-publicised in public domain (WWW), including the loss of ability to sponsor family members.
However its not clear HO sees it as necessary or part of its remit to warn of all the 'consequences' of naturalisation.

[UkEEAnational]

Anna green

Have you heard in regards to your application for PR?

Have an almost identical case here. I'm going through enormous stress these days as so unsure what to do
Rang a solicitor and they asked me £300 for 20-25 min Skype consultation ?
How I am going to do a living if I pay that much money

My husband too is really upset

Any help please

Anna green please do get back to me asap
Don't know how to contact you privately apart from posting on here