annet-b wrote:I have not seen an answer to this one, can anybody help?
- Non-EU with British husband, successfully invoked S Singh to obtain EEA2 Family member visa.
- Entered UK Oct 2013, received EEA2 family member Jan 2014 as non married partner
- Married British husband April 2014
- Still remain on EEA2 visa
QUESTION
- I am aware that I can remain on EEA2 and after 5 years apply for UK passport, but I would like a UK passport faster.
- How and when would I be able to 'switch tracks' and apply as a wife of a British citizen? I am not sure on the following:
a) Does my time start from Oct 13 when I arrived of April 14 when I married?
b) Would I still need to apply for ILR or could I skip that and after 3 years of marriage immediately apply for British citizenship?
Hold your horses. There is no fast track.
Why would you think there is? There is no real advantage (in immigration terms) of being blessed with a BC spouse.
You need to successfully acquire citizenship first
before applying for the holy grail a first British passport.
1) You cannot realistically switch tracks from EU migration trajectory.
You have no UK visa. You would have to acquire ILR instead of PR.
Anyway don't give up now you have practically made it.
With all this wild talk of
Brexit, there are family members who would give their eye teeth to be in the fortunate position you are in.
a) Neither.
As you are/were an EFM your PR clock runs from Jan 2014 (when you were granted your EFM RC).
You should acquire PR automatically by early 2019.
That is assuming you remain married (to spouse/sponsor) and neither party has enjoyed any prolonged absences from UK since 2013/14.
b) Yes, on UK migration route you would still need
settled status (ILR) in order to become a citizen.
But forget about ILR and UK route.
You would either start from zero and take 5 years to get ILR. Or switch to 10 years LR route (which takes 10 years).
Next steps
Get your PRC in the bag (next application - suggest check requirements to make sure you remain on the straight and narrow);
The single advantage of a BC spouse is there is no need to be free of
immigration time restrictions for 12 months;
so crack on and shoot for the privilege of citizenship.
That is, assuming all requirements for naturalisation have been/can be met including:
LITUK, English, residency (3 years), physical proof of presence in UK 3 years before application, referees, good character, sound mind & the PRC ofcourse!
(etc etc).
suggest check requirements well ahead of time; they are quite different from those for PRC.
Once you are a citizen, then apply for British passport - you can see you should be sorted out by sometime in late 2019.
That is assuming
Brexit doesn't somehow upset the applecart (for everyone).
Dealing with HO and immigration matters certainly lets you know you are 'alive' doesn't it.
Good luck.
