Illegal entrant, nonEU family member of EU national and BC

[ninkas]

Good evening
Myself , a EU national and my non EU hubby are about to apply for PR. As far as I'm concern, I will be able to apply for naturalisation as British citizen after 12 months from the date stated on my PR card.
But what about my husband? I would like to clarify it with you if its possible.
He came to UK in 2001 as asylum seeker. His application and appeal was refused i put he didn't leave the country . So basically he was living here illegally till we got married in 2011.
Can you shed some light on this matter please?

[ninkas]

Edit * but he didn't leave the country

[secret.simon]

Tenth anniversary of his acquiring legal status in the UK. As that was by marriage to you (an EU citizen), the tenth anniversary of your marriage in 2011.

[ninkas]

THank you for your reply secret Simon. I thought it could be 10 years from 2011 as he brought himself to the attention of HO for the first time.
If I apply for BC will it affect his status?

[Richard W]

If I apply for BC will it affect his status?

Perhaps.

If we stayed under EU law, and you are both recognised as having achieved PR, it won't.

Under the current British proposal, it won't, for you will not be an EU citizen purely by virtue of your British citizenship. Therefore your husband will qualify for settled status as your family member. However, there is a risk that the inclusion of dual nationals was an oversight, and will not appear in the actual regulations. You may wish to err on the side of caution and wait until more details are published. The EU27 team is not wrong when they say that more details are required. The handling of petty criminals was not specified, and that will probably need to be scrutinised.

[ninkas]

Thanks Richard, this is exactly what I thought. Because of the unknown future I'm gonna have to postpone my naturalisation. I just hope that process of becoming BC won't be more difficult for EU and family members after Brexit. As far as I'm concerned, there is nothing about this in HO publications about Brexit.Am I right or maybe I missed something?

[Richard W]

You've missed something. I've posted a link to the government paper in a post on the Referendum News and Developments subforum, which is where analysis of the proposed new scheme is best presented and debated.

[ninkas]

Thank you very much for the link . I'm going to see a immigration advisor as soon as we get pr. hopefully we won't wait too long