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family member of british citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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facebook.user
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Joined: Thu Jan 16, 2014 6:59 pm
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family member of british citizen

Post by facebook.user » Sun Jul 24, 2016 9:28 am

Hello All. I have a question regarding minimum stay requirement. My wife is going to become british citizen soon and I also have completed three years of living in the uk. Do i need to have EEA 4 or can i apply after she become british national

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Casa
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Re: family member of british citizen

Post by Casa » Sun Jul 24, 2016 9:55 am

Even once your wife has been granted BC, you need to have completed 5 years of residence and have confirmation of PR. You should be aware that when your wife is granted BC, she can no longer be your EEA sponsor. You will have to exercise your Treaty rights by working, or as a student or self-sufficient by holding Comprehensive Sickness Insurance (CSI) until you complete your 5 year qualifying period.
For this reason, EEA nationals often wait to apply for BC until their non-EEA spouse has acquired PR.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ohara
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Re: family member of british citizen

Post by ohara » Sun Jul 24, 2016 9:57 am

Which nationality do you and your wife have? Bear in mind that if your wife is an EEA citizen and you are a third country national, your wife can no longer be your EEA sponsor once she becomes British, so if your PR timelines aren't aligned, you may get yourself into a difficult situation if she naturalises before you have PR.

Richard W
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Re: family member of british citizen

Post by Richard W » Sun Jul 24, 2016 12:29 pm

No decision on the course of action is required yet, as his wife can't apply for naturalisation until May 2017 (A8 in breach of WRS) but had (to be confirmed by HO) permanent residence before the referendum.
Casa wrote:Even once your wife has been granted BC, you need to have completed 5 years of residence and have confirmation of PR. You should be aware that when your wife is granted BC, she can no longer be your EEA sponsor. You will have to exercise your Treaty rights by working, or as a student or self-sufficient by holding Comprehensive Sickness Insurance (CSI) until you complete your 5 year qualifying period.
For this reason, EEA nationals often wait to apply for BC until their non-EEA spouse has acquired PR.
As facebook.user is Pakistani, he can only exercise treaty rights if he and his wife divorce. Otherwise, the future exercise of treaty rights by ether of them is irrelevant until such time if ever that his wife loses permanent residence.

noajthan
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Re: family member of british citizen

Post by noajthan » Sun Jul 24, 2016 12:48 pm

ohara wrote:Which nationality do you and your wife have? Bear in mind that if your wife is an EEA citizen and you are a third country national, your wife can no longer be your EEA sponsor once she becomes British, so if your PR timelines aren't aligned, you may get yourself into a difficult situation if she naturalises before you have PR.
Also note, once your wife has achieved her ambition of citizenship, you/wife will no longer be able to apply to sponsor brother (-in-law) in UK either;
once sponsor has naturalised, brother will no longer be the extended family member/dependent of a Union citizen and will have no basis to remain in UK (if he has got here).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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