Spouse of British Citizen (who was EEA Citizen before)

[linkers]

Just a quick question on behalf of my friend.

His wife is a Polish National and he got EEA Family Permit through her which is valid until 2014.

His wife has just become a British Citizen (last week).


What are the options for my friend to get his ILR/British Citizenship quicker ?

Can he switch his EEA Family Permit to ILR or British Citizenship ?


regards,
Linkers

[Lucapooka]

How long has your friend been living in the UK under EU rules? If I can assume he will make five years in 2014, then that is when he may become eligible for naturalization. Or, he can leave the UK and apply for entry clearance under UK rules, and then become eligible for naturalization in 2014 (also). Both dates in 2014 are on the basis of becoming a permanent resident first.

[linkers]

Thanks Lucapooka. He has been living with his wife since 2005, but he got his family permit in Mar 2009 (he was on student visa from 2005-2009).

Can his time from 2005-2009 be considered for the purpose of EEA4 form ? or he has to spend 5 years on EEA Family Permit ?

This is the extract from http://www.bia.homeoffice.gov.uk/euciti ... nts-family

“When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.”


In his case, he has been living with his wife since 2005 and his EU wife also holds a British Citizenship now.

[Jambo]

When did they get married?

Time for PR under EEA regulations for the family member starts when he becomes a family member. It is not dependant on any document he holds and/or the documents expiry date.

From the sounds of it, he probably already obtained PR status and could apply for BC now.

[linkers]

Hi Jambo: they got married in 2008.

I have just spoken to him again and have realised that he is lawfully in UK since Oct 1998, and I have suggested him that he is already eligible for ILR under 10 years long residency rule.

And once he gets his ILR, he can apply for BC the next day as his Polish wife now holds British Citizenship as well.

I think my assumption is correct ?

[Jambo]

Your assumption is correct.

Another (free) option is to apply for EEA4 now. Strictly speaking the count for PR started when he got married but he could try providing co-habitation evidence from 2007 and the HO might approve his application (their discretion).

Timelines for EEA4 are about 3-4 months so similar to postal ILR.

[linkers]

Thanks a lot Jambo for your prompt reply and for valuable advice.