US Citizen Applying for ILR Coming from EEA2

[cib24]

Hello,

I am a US citizen and have been in the UK since 2010. I came to the country via a Tier 2 sponsored work visa and switched over to an EEA2 spousal visa in 2012. I'm now coming up on the expiry of my 5 year EEA2 visa and I am looking to apply for ILR. My wife is originally Hungarian and has been in the UK since 2010 as well. She applied for and received her UK Permanent Residence card over a year ago and has held off applying for citizenship this year as I understand that would have impacted my EEA2 visa situation and the 5 year waiting period for me to apply for ILR.

Now that I want to apply for ILR I noticed that on the front page of the government website it says the following:

"If you already have a permanent residence document it won’t be valid after the UK leaves the EU.
A new scheme will be available for EU citizens and their family members to apply to stay in the UK after it leaves the EU."

"How long it lasts for
A residence card usually lasts up to 5 years. However, your residence card won’t be valid after the UK leaves the EU.

A new scheme will be available for EU citizens and their family members to apply to stay in the UK after the UK leaves the EU.

If your residence card expires before the new scheme is available, you should reapply for another residence card."

https://www.gov.uk/apply-for-a-uk-residence-card

So, now I'm wondering if this actually applies to me and what I should do? My EEA2 expires on 17 November 2017 and I have begun preparing my application so that I can submit it when I'm eligible to. However, will this mean that my application might be rejected or my residence card will cease to be valid next year? And beyond that, will this void my wife's residence card as well?

I'm not sure what else I can do right now other than apply for ILR because if my wife applies for UK Citizenship that will take longer than the time I have left until my visa expires, and then I would need to apply for a UK spousal visa under her citizenship which will also take up too much time.

Can someone provide some clarity on both my wife and my situation?

For the record, we are both employed (have been the entire time we have been in the UK), are UK homeowners, no criminal convictions, have driving licenses, etc.

Thank you.

[CR001]

You can't apply for ILR (UK immigration route applications).

You apply for PR (EU route applications).

The date you attain PR is not the same as the date your RC expires (which is not a visa, it is a permit). You require 5 years marriage and residence in the UK to apply for PR provided your spouse has been a qualified person exercising treaty rights.

[cib24]

Ok, thank you for clarifying. So I can apply for Permanent Residence but then this is a status that will apparently expire next year. Do I have any alternatives or is this my best route at this point in time?

[CR001]

Ok, thank you for clarifying. So I can apply for Permanent Residence but then this is a status that will apparently expire next year. Do I have any alternatives or is this my best route at this point in time?

Things will change when the UK leaves the EU in March 2019, not next year. Assuming you plan to apply for British citizenship once you have PR for 12 months, you should be ok.

[Richard W]

Ok, thank you for clarifying. So I can apply for Permanent Residence but then this is a status that will apparently expire next year. Do I have any alternatives or is this my best route at this point in time?

You two should be able to apply for the new settled status based on you and your wife's 5 years residence as a non-British Hungarian citizen and spouse some time next year. Until you get it, you will probably need some sort of residence card to continue working.