non-EEA spouse of naturalising EEA national: status?

[neep]

I used to be a British national, but now have another EEA nationality, and am currently exercising Treaty rights in the UK. My non-EEA spouse has applied for a Residence Card. If I now resume British nationality - while keeping my other EEA nationality - will her present immigration status have to change?

[Obie]

Have you ever resided in another memberstate. If you have not , then your spouse may not qualify for Resident Card under the regulations.

[Jambo]

What do you mean "I used to be", "If I resume"? You normally don't lose a British nationality unless you renounce it. Not having a valid passport doesn't mean you are not a citizen.

When was the RC application made? Did you state on the form that you are also British?

[neep]

Sorry to be unclear.
I renounced my British citizenship 20 years ago in order to take up citizenship of the other EEA member state where I was working. I have now returned to UK and am 'exercising Treaty rights' with my non-EEA spouse. She entered on an EEA Family Permit and applied for a Residence Card in mid-August. She received a certificate of application in October, but has not yet received the RC.

I can apply to 'resume' (the UKBA term) my British citizenship, and if it is granted I will not lose the other EEA citizenship. As I understand it, my wife as the spouse of a British citizen could apply for British citizenship 3 years earlier than she would be able to under our current 'EEA Treaty rights' regime. What I am wondering is: assuming my wife gets her Residence Card, will her UK immigration status change (for better or worse?) if/when I have British citizenship in addition to the other EEA citizenship?

[Jambo]

There are restrictions on British dual nationals who want to use their other EEA nationality although I don't think it will apply in your case so she can keep staying on the EEA route (definitely will not apply if she was granted the EEA Family Permit before mid July 2012). There is no real advantage on changing her immigration status.

If the goal is to get her British citizenship, then the rules have changed. She will not be able to get it before 5 years in the UK as naturalisation requires ILR/PR and that is only granted after 5 years.

[neep]

Thank you.

I read here:
http://www.ukba.homeoffice.gov.uk/briti ... igibility/

and here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

that in an application for citizenship the residential requirement for the spouse of a British citizen is three (rather than five) years. Would that not apply in our case?

[Salem]

Neep, i'm a dual national exercising my Treaty Rights to have my Wife with me here in the UK. My advice to you, would be too go down the EEA Route, just as you're doing. Far less hassle, far less expense.

Good luck, and keep eating those neeps and tatties in this cold weather

[Jambo]

Thank you.

I read here:
http://www.ukba.homeoffice.gov.uk/briti ... igibility/

and here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

that in an application for citizenship the residential requirement for the spouse of a British citizen is three (rather than five) years. Would that not apply in our case?

The residential requirement are still three years but as I said, you are required to hold ILR/PR before applying and (following the recent changes of the rules) this is not possible to obtain before 5 years of residence.

So you can only apply after 5 years although the relevant years would only be the last 3 years.

[neep]

I understand.

This:
http://www.ukba.homeoffice.gov.uk/visas ... fore9july/
had raised my hopes that my wife could apply for ILR under the old rules, since she applied for the EEA Family Permit before 9th July and we entered the UK in June. But I suppose that as her 'leave to enter' and current 'leave to remain' is as 'partner of an EEA national' (rather than as 'partner of person settled in the UK') this 'backdating' of the ILR rules would not apply if/when her spouse (that's me) becomes a British citizen.

Thank you. It really helps.