Non EEA PR Enquiry (Wife holds British/EU Passport)

[healthygp]

Happy New Year Everyone,

I am new to this board. I have a enquiry about my PR.

My timescale :

I got married in February 2012 with EU national
I got my EEA Family residence card which has issued in July 2012 till July 2017.
My wife got her British Nationality in 2015 (Now she's dual national)

My question is

When can I apply for permanent residence card?
How long does it takes?
Is there any fast track way due to brexit?
Is there any complications as my wife holds british nationality (As she can allow to hold dual nationality).

Regards,
Healthy

[noajthan]

Not sure if its luck or foresight but your RC issued in mid 2012 probably enables you to invoke the McCarthy transitional arrangement and so your now British spouse can still be considered as your EEA sponsor.
Otherwise your spouse would have lost the ability to sponsor you once naturalised back in 2015.

When exactly did you receive your RC This is critical to your success

When you apply be sure to mention McCarthy in a cogent cover letter.
Enclose spouse/sponsor's both passports to tie in with McCarthy.

Once you have PRC you can apply to naturalise asap as spouse of a BC (assuming all requirements have been/can be met - have you checked them?).

See similar case:
http://www.immigrationboards.com/eea-ro ... 22418.html

No fast track - why would there be?!
Takes up to 6 months or more.

Apply on or after 5th anniversary in Feb 2017 (assuming you were both in UK by then).

[healthygp]

Thanks Noajthan,

I have applied in Feb 2012 and received residence card in July issued 29th July 2012 - 29th July 2017

[noajthan]

Thanks Noajthan,

I have applied in Feb 2012 and received residence card in July issued 29th July 2012 - 29th July 2017

Then you have smashed it!

You were in UK before 16 July 2012 and had possession of your RC before 16 October 2012.
As per HO guidance you are home and dry and can avail of the transitional arrangement (as long as still married to same sponsor/spouse):
https://www.gov.uk/government/uploads/s ... als-v4.pdf
- page 28

[healthygp]

Thanks Noajthan

As my wife holds dual nationality and also has EEA PR card. Do we still need to provide her treaty rights?

What other supporting documents you would suggest as per my case.

Many thanks again

[noajthan]

Thanks Noajthan

As my wife holds dual nationality and also has EEA PR card. Do we still need to provide her treaty rights?

What other supporting documents you would suggest as per my case.

Many thanks again

As per application form, you may have to prove sponsor exercised treaty rights although a confirmation of PR card is a good asset.
Follow PR guidance: https://www.gov.uk/government/uploads/s ... -04_KP.pdf
As well as above linked document for FMs.