removal from the country and return as wife of an EEA

[Pablito]

Hello to All,

My question is as follows: My wife and I have been already to the UK since 2013, before that she was removed from the UK as an overstaying student(I knew her at that time and we were in a relationship), however, we fought hard after our marriage and successfully won the appeal for her EEA Residence. Now I am thinking about applying for British Citizenship as I had acquired my PR in 2014. Would the fact that she was removed before be an obstacle for her to obtain residence under national immigration law once I became British Citizen? I can't get rid of the thought that long time ago I think someone mentioned that once a spouse gets EEA residence the previous immigration history is then removed from the system. And the second part of the question would be, if the case is that her immigration history is removed, how would I need to answer the question on the application for a spouse visa? since I guess they would ask about immigration history. All answers much appreciated.

[noajthan]

Immigration history will not be removed or deleted.

Once British you can no longer sponsor wife on EU route.

There have been refusals for spouses attempting to switch to UK rules (from inside UK) because they do not have leave to remain (as they were on EU route).

[secret.simon]

Non-UK EEA citizens have an absolute right in law for their non-EEA spouses to join them in the UK. That is inspite of their having broken immigration laws in the past. So, even though the non-EEA spouse may have broken immigration law in the past, that has to be overlooked in case of spouses of EEA citizens. So the immigration history is not deleted, it is ignored.

British citizens in the UK have no such advantage. The right of a non-EEA spouse to join a British citizen in the UK is a grant of leave to remain by the Home Office, not a right. At that point in time, the Home Office can take into account the person's past immigration history and deny her leave to remain.

You may be better off not applying for British citizenship until your wife acquires PR.

[Pablito]

Ok thanks, guys that clarified the matter> This was my original plan to wait but because I believe I made a mistake by letting my wife's dependent parents come here under EEA as well. They are trying to say big thank you to me by slandering me in the eyes of other people and contacting solicitors to deal with their issues. So I thought by becoming British Citizen sooner than later I would force they departure from this country. If anyone of you actually know if there is some sort of remedy for that I wondered about it but I don't have sufficient legal knowledge. I would love to send them back. Here is also my advice to people who want to play a good human being for others. Think 10 times before you decide to bring your in-laws, unless, you're 100% sure about their moral stand in life.

[Casa]

Where have you got the idea that British citizenship gives you the entitlement to have someone removed from the country? With all due respect, it doesn't give you special powers to send relatives back like an unwanted package

[Pablito]

Casa i would much appreciate if you didnt make your own conclusiions on others people lives that you have no idea about. Your nasty comment is " unwanted package" it just shows how ignorant you are. Yes if i became british citizen i believe their legal right to stay here and attempt to poison my life which i happily led for 12 years would be finished. You want to judge thats fine but at least be interested in facts before you comment something.

[Casa]

It is correct that in general terms you can no longer sponsor family members under EEA Regulations (including your wife) if you are granted citizenship.

It may be harsh, but the reality is that you have no rights to have someone removed from the country simply because you hold British citizenship. That's purely a decision for the Home Office and is out of your control.

You asked for advice and I gave it, even though it may not be the answer you were hoping for.

[noajthan]

An English man's home is his castle.
But even under EU route, co-habitation is not necessary for direct dependents.

So domestic arrangements don't have to be driven and constrained by EU considerations.