E.E.A. naturalization + non-E.U. spouse of 3 years

[tzioneretz]

Dear all:

I perused this board but didn't find a situation similar to mine.

I'm an E.U. citizen, permanent resident in Scotland, and will be ready to apply for naturalization March, 2018 (5 years + 1 year as permanent resident). My wife is a non-E.U. citizen with a residence card. By March next year she'll have been in Scotland for 3-1/2 years.

Given the above, what are our options regarding HER naturalization?

• Can I include her on my naturalization application or does she need to apply in her own right?

• Can she apply immediately after I become naturalized as a British citizen, seeing as by that point she'll have been residing in the country for more than three years (probably four or more, depending on how long my naturalization takes to come through)?

• Or, worst-case scenario, does she need to go the E.U. route and wait for her own five-plus-one years?

Thanks a lot for any comments,
Michael

[CR001]

Given the above, what are our options regarding HER naturalization?

Can I include her on my naturalization application or does she need to apply in her own right? No you cannot. She needs to apply in her own right once she has PR, which she can only get after 5 years on the EEA RC route and only if you are still only an EU citizen.

Can she apply immediately after I become naturalized as a British citizen, seeing as by that point she'll have been residing in the country for more than three years (probably four or more, depending on how long my naturalization takes to come through)? No she cannot. She needs PR first and for that she needs 5 years residence and you must not be British.

Or, worst-case scenario, does she need to go the E.U. route and wait for her own five-plus-one years? That is the ONLY way she can go,
but you should rethink about you applying for citizenship if you wish her to remain on the EEA route for PR. Once you become British, you are no longer able to sponsor her stay as an EU citizen as you will only be considered British in the UK.

[ariskar]

I agree with CR001. From what I heard ILR/PR entitlements between EEA and UK immigration routes can only be limited used in the ILR Long residence scenario.

This is not my advice and bear no responsibilities if followed, but what I would do in the aforementioned case:

Wait an extra 1.5 years, apply for EEA(PR) or its settlement equivalent in the (then) post-Brexit Britain, then directly make a joint naturalisation aplication once the spouse obtains his/her PR/ILR.

[tzioneretz]

Yikes... Thanks, guys, for your input. I hugely appreciate your time and consideration.

I'm wondering though... Let's say I got the citizenship. Could I not then sponsor my wife as a British citizen? I know she'd need a spousal visa, probably leave the country temporarily, etc., but would those 3-4 years she already spent in Scotland not count for anything?! Would they really just go out the window? Put differently, after getting my citizenship, would she not be eligible also on the basis of having been in the country for 3-4 years as the spouse of (what is now) a British citizen?

Or am I just totally off the mark here?

Thanks again,
Michael

[CR001]

I'm wondering though... Let's say I got the citizenship. Could I not then sponsor my wife as a British citizen?

Yes, it would be a new 5 year route (2 x 2.5 year visas) costing £993 postal or £1583 in person appt each time (current fees and they go up every April) plus £500 immigration health surcharge each time. She will not be able to use the time already spent in the UK towards this new 5 year residence requirement. She will also need to meet the English requirement and the financial requirement of £18,600pa.

I know she'd need a spousal visa, probably leave the country temporarily, etc., but would those 3-4 years she already spent in Scotland not count for anything?!

No.

Would they really just go out the window?

Yes. The two routes come under two completely different sets of rules.

Put differently, after getting my citizenship, would she not be eligible also on the basis of having been in the country for 3-4 years as the spouse of (what is now) a British citizen?

No. She needs either 5 years as an EEA RC holder with you as an EU citizen OR 5 years a spouse of British Citizen.

Or am I just totally off the mark here?

Yes.

[tzioneretz]

Thank you so very much for clarifying!

Best,
Michael