PL/UK Citiz married to a non EEA -when to apply

[Arek_20]

Good morning all

I am confused as I don't know when my wife is eligible for naturalization....

Quick facts
We married 31.01.2013 - I was that time EU citizen and she was non EEA.
She relieved 5 year working permit in march 2013 valid until march 2018
In October 2016 I became British citizen and no I hold dual citizenship.

I am now confused when my wife can start the process....
In January 2018 it will have been 5 years since we are married - Can we apply for her ILR at that time in an EU rout or
Can we apply now as she is married to a British Nation?

Could you please help me out with this?

Greetings

[Casa]

Unfortunately as you were granted BC before your wife acquired PR, she is in a difficult situation as you ceased to be her EEA sponsor in October 2016.

Read through this lengthy thread and then post again with any points you want clarified.
eea-route-applications/do-dual-eu-uk-ci ... 28292.html

[Arek_20]

Thank you for the answer

I have just read the article and I wonder if the verdict was reached?

Do you know what the judge decided in the case of this Spanish girl and Algerian man?

[Casa]

Thank you for the answer

I have just read the article and I wonder if the verdict was reached?

Do you know what the judge decided in the case of this Spanish girl and Algerian man?

Still awaiting the judgement.

[Arek_20]

I have never thought that UK low would be so agains its own citizens

anyways.......
I read or the articles twice
and the most important is this :



What were the key requirements for the Advocate-General?

The Advocate General pointed out the following requirements as being important to Ms Ormazábal’s case:

She is a EU national that has become a dual national
She genuinely resided in the UK for a 5-year period and became permanently resident
During that 5-year period, though it is unclear when exactly it commenced, she created a family life with a non-EU national
In these circumstances, the requirements for Mr Lounes to be granted a derived right of residence should not be stricter than those provided for under the Directive. In other words, Mr Lounes can continue to reside with his EU national partner.

Is this the final say?

The case will still need to be decided by the panel of 15 judges this summer and, while the Court is not required to follow the Advocate-General’s opinion, it rarely decides otherwise.



Do you know where I can follow the decision.....?

So if they agree with Advocate-General’s opinion it all should be okey right?

[Casa]

There are others such as Vinny, Obie, or secret.simon who are better placed to advise on this.

[Obie]

It seems in 2013 when the OP's spouse was granted Residence Card, OP had not naturalised, therefore the wife could continue relying on EU law in 2018 on the 5th anniversary of their marriage.

He mentioned 5 years work permit, but i believe he is referring to a Residence Card.

[Arek_20]

This is correct - she received the Resident card of a Family member of an EEA National - that time in 2013 I was only an EU national so we didn’t breach any immigration low....
Later i became BC....
Do you think in March 2018 - 5 years after we are married...my wife would be able to apply for Permanent residency?


Thank you very much for all the help and support and to be honest I really get interested in knowing why really my rights are as Dual National.....