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Family member of an eea who become british

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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funny_bunny
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Family member of an eea who become british

Post by funny_bunny » Thu Nov 10, 2016 2:15 pm

Hi all,

I'm an Irish citizen who become British through the naturalisation process, my wife came to the UK on 03/2013 to join me as a family member of an EEA national.

Now as I mentioned above I become British citizen, so my question is can my wife apply for a resident permit as the wife of a British citizen and if so when can she apply as I believe the time frame for the wife of a British citizen is different to the family member of an EEA national or will she need to continue with the EEA process.

Thanks

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Casa
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Re: Family member of an eea who become british

Post by Casa » Thu Nov 10, 2016 2:20 pm

As a British citizen you are no longer able to sponsor your wife under the EEA Regulations.

Do you meet the requirements for a spouse visa application under UK Immigration Rules?

https://www.gov.uk/remain-in-uk-family/overview
(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.

funny_bunny
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Re: Family member of an eea who become british

Post by funny_bunny » Thu Nov 10, 2016 2:42 pm

Casa wrote:As a British citizen you are no longer able to sponsor your wife under the EEA Regulations.

Do you meet the requirements for a spouse visa application under UK Immigration Rules?

https://www.gov.uk/remain-in-uk-family/overview
Thanks for your reply,

i do meet the requirements for a spouse visa. however, my understanding is that the spouse visa is for 2 years and 6 months and my wife has been living in the UK for more than 3 years now, so does that mean she can apply to settle in the uk "indefinite leave to remain"

noajthan
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Re: Family member of an eea who become british

Post by noajthan » Thu Nov 10, 2016 2:45 pm

5 years to get ILR.
Time 'mistakenly' spent on EU route cannot be used.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

funny_bunny
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Re: Family member of an eea who become british

Post by funny_bunny » Thu Nov 10, 2016 3:32 pm

noajthan wrote:5 years to get ILR.
Time 'mistakenly' spent on EU route cannot be used.
In this case its better to continue with EU route right?

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Casa
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Re: Family member of an eea who become british

Post by Casa » Thu Nov 10, 2016 3:44 pm

funny_bunny wrote:
noajthan wrote:5 years to get ILR.
Time 'mistakenly' spent on EU route cannot be used.
In this case its better to continue with EU route right?
No longer possible now that you have British citizenship.
(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.

noajthan
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Re: Family member of an eea who become british

Post by noajthan » Thu Nov 10, 2016 3:45 pm

funny_bunny wrote:
noajthan wrote:5 years to get ILR.
Time 'mistakenly' spent on EU route cannot be used.
In this case its better to continue with EU route right?
If you are British you cannot usually sponsor a family member on EU route.

Its unclear how you actually started on EU route into UK unless you have only recently become British.
(And wife coming to UK in 2013 is too late for benefit of McCarthy transitional arrangement for spouses of dual nationals).
Or have you undergone the ubiquitous Surinder Singh route via some other country?

At the moment something doesn't quite make sense.
What do you mean by
My wife came to the UK on 03/2013 to join me as a family member of an EEA national.
:?:
How did wife enter country?
Did wife have a Family Permit?
Were you British at the time?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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