EEA national (PR) naturalisation and non-EEA on res card

[lappotto]

Apologies in advance, but the topic of this query is cross-cutting different topics.

I have obtained EEA permanent residency card in Nov 2015, and I have been therefore eligible to apply for UK citizenship since Nov 2016. My husband is here with me working, and with a EEA residency card, expiring in June 2019. I am on full time employment, as well and we married in Apr 2014.

I have not applied for UK citizenship yet because, in doing so, my husband EEA card will become void and he will lose his right to work, had to leave the UK and apply for a spouse visa from abroad (by virtue of the UK EEA Regs not including in the definition of EAA national someone with dual EEA-British nationalities; and also confirmed by the Home Office over the phone).

As a potential redress for the above, I was wondering whether there is a possibility for my husband to switch to a spouse visa, so that I will be then able to apply for UK citizenship. The basis of my analysis above is that, in order to apply for spouse visa, the partner of the applicant needs to be: British, have settled in the UK, have been granted asylum.

Given I obtained permanent residence in the U.K., I am considering myself being 'settled in the UK': my life is here and I have no immigration restrictions re. staying here thanks to my permanent residence card. Is the HO of the same opinion? Is there a definition of 'individual being settled in the UK' in the Regs?

I understand the spouse visa route will become more burdensome, more expensive etc..., but this seems to me an available only option so that I can apply for British nationality. I would be grateful for your comments on it and whether the analysis above makes sense/is tested etc...

I'd be happy to hear any other potential route (other Surinder Singh) that people may have experienced, tested.

Many thanks,

[noajthan]

You must have acquired PR earlier than date of DCPR; thats when the 12 months is counted from

Article 50 has not been triggered yet.
Why not hang on for hubby to acquire PR in April 2019?

Be aware of at least one recent case of FLR being rejected for a spouse jumping ship from EU to UK route.

[lappotto]

noajthan thanks for that.

The reason why we would like to be pro-active is that, as I am sure you aware, art 50 will be triggered (or it is planned to be triggered) in early March.

This would make the possibility for my husband to apply for PR impossible (albeit is all a big unknown). Thus, the decision for me to apply for citizenship now and for him to switch to a visa spouse.

Can you give me further details about the rejections you mentioned? Is there a safe way to obtain an answer (yes you can switch, no you cannot switch) from the HO? Given the application is (for now) £1300, I'd like to avoid wasting that amount, if you see what I mean.

Thanks

[noajthan]

See http://www.immigrationboards.com/immigr ... ?hilit=flr