I'm in a complicated situation and I wonder if anyone can help me.
I am a EEA national who is applying for British Citizenship. I would eventually be able to keep both nationalities.
I sent the application to the HO few weeks ago, through a solicitor specialized in immigration matters
My wife is a non-EEA national, we got married in 2014 and she applied for EEA2 visa on the same year, the visa will then expire in April 2019.
Yes, I know what most people are thinking: "Don't do it!".. I found out by chance few days ago that if I naturalize, not only my wife would lose the right for her EEA PR card next year (we started to live together in 2013, so my plan was to apply by end 2018), but also her right to stay would be in jeopardy!
(Let's leave on a side for a moment how stupid I have been by checking these things AFTER I applied and spent £1,500 in fees and exams.. all I can do now is to think of a strategy to reduce the damage
)As far as I understand, I become a British Citizen only when I attend the ceremony, therefore if i don't do that, my wife's status stays unchanged (hope nobody disagrees on this). The max damage would be losing the money.
However there's a case at the CJEU (Lounes) that might change the current interpretation and my questions are:
1) When is the CJEU going to decide on this? And if they do this year, are the rules going to change straight away?
2) My idea is to delay the process as much as possible, in order to wait for the court's sentence; are there practical ways to do this, or is it possible to ask the Home Office to "freeze" the process?
3) Solicitor said that I can ask HO if my wife can stay in UK in accordance with Surinder Singh's case principle, however I made some research but it doesn't sound applicable to me (but I'm not an expert in law!)
4)Finally, I am wondering if this could be considered negligence by the solicitor, as I was not advised about this during the application (and I DID explain about my wife's situation)
Many thanks, hope somebody will help me with this
