EEA route in risk because of BC

[paulodicanio86]

Hi,
I have an urgent question, because my BC application is at the HO at the moment, and if actually granted, I fear it might reduce the chances of my wife becoming a BC, or even cause bigger problems.

I, from Germany, arrived in the UK on 1.10.2008. I received my PR issued on 1.10.2013 therefore. I submitted my application to become BC a few weeks ago, and the HO confirmed they received it. So soon I could become a dual nationality citizen (EEA and British).

Now, my wife (from a non-EU country) arrived in the UK on 1.10.2008 to study. We got married in 2013, and she received her EEA family permit in May 2013.

My understanding is, that if she completes 5 years with her EEA family permit (bringing us to May 2018) she could then apply for PR (or ILR) via the 5 year route, and then 12 months later for BC.

My question is, how would me becoming a dual citizen affect this? I am fearing that if I become BC then the nearly for years of her EEA family permit now become worthless, and she actually is affected and needs to apply for a British spouse visa? And then she needs to wait another 5 years from the moment I become BC to become BC herself? Or will she be able to keep her EEA family permit visa to complete the 5 years, as at the time of application (and marriage) I was a pure EEA national exercising his treaty rights?

I know there have been similar cases on this board, which often were during a transition period in 2012, which we missed..
Any advice is appreciated - and I need advice soon, in order to know whether to cancel my BC application or not!!

Thank you in advance

[vinny]

I agree that it's risky for her.

Probably best if you waited until the CJEU decides in her favor or after she has confirmation of PR.

[noajthan]

Yes your analysis appears correct and if you become British before your dependent/spouse becomes settled (with PR) then you will have effectively disenfranchised your wife;
this is because your timeline is too late to invoke the McCarthy transitional arrangement.

[paulodicanio86]

Thank you - that is so frustrating. Reason I was rushing to get BC is to be safe for whatever happens after Brexit. I guess the best would be to wait until my wife gets PR (after 5 years of EEA family permit) in May 2018.
At that point I can apply for BC (again), and she can do that 12 months later (May 2019) - or in fact, can she then do it as soon as I gain my BC? (and no need to wait 12 months, because she has PR already and is then married to a BRITISH citizen)?

I guess I have just lost the £1204 fee, and hope they send all original documents back to me (including Life in the UK certificate), so I can then just store them until May 2018, update, and resubmit..

Thanks for your advice! This really is a dangerous situation, which is not quite made clear by anyone during the application process, and I was lucky to stumble across this!

[noajthan]

Thank you - that is so frustrating. Reason I was rushing to get BC is to be safe for whatever happens after Brexit. I guess the best would be to wait until my wife gets PR (after 5 years of EEA family permit) in May 2018.
At that point I can apply for BC (again), and she can do that 12 months later (May 2019) - or in fact, can she then do it as soon as I gain my BC? (and no need to wait 12 months, because she has PR already and is then married to a BRITISH citizen)?

I guess I have just lost the £1204 fee, and hope they send all original documents back to me (including Life in the UK certificate), so I can then just store them until May 2018, update, and resubmit..

Thanks for your advice! This really is a dangerous situation, which is not quite made clear by anyone during the application process, and I was lucky to stumble across this!

Most unfortunate.
But luckily you have caught it in time. The forum exists to share such valuable insights and information.

If wife has PR and you then have naturalised then she can make a section 6(2) application; no need to wait extra 12 months.

Don't simply put application on file; you will have to check and review it when you reapply as requirements may well have changed by then.
Good luck.

[Milton_kauffman]

Morning all.

Just a question:

If paulodicanio86 becomes BC he will be helding dual citizenship right ?
So, does it means he will not be able to sponsor his wife via EEA route never again ?

I am not a moderator or advise but, would it be wrong if he continuous sponsoring his wife via EEA route ? Nevertheless he is still a German citizen.

Could he not at the time to apply for his wife PR, just send the 5 years exercising treaty rights proof instead of PR card and German passport ?
Saying that he will not be able to do so, looks like will be meaning he lost his German citizenship along with
EEA rights.

I was reading the case and got curious.

Thank you

[vinny]

Unfortunately, that is the way that the UKVI is currently (perhaps irrationally) interpreting the EEA regulations.