EEA partner to UK spouse

[oxfordshiregirl]

I'm currently in the UK as the family member of an EEA national (I'm a US citizen). I want to figure out if I have grounds for permanent settled status and then citizenship.

I came to the UK five years ago (Sep 2012) and was here two years on a student visa. While I was studying, I met my partner and moved in with him (he's an EEA national). Just before my student visa expired at the end of January 2015, I left the UK and came back as the domestic partner of an EEA national (the six-month permit). In the UK, I then duly applied for and received the family member residence card, which I'm still here with. In the meantime, my partner and I married this summer. He is now considering applying for British citizenship, as he's been here over a decade. What I'd like to know is, since I've been legally resident for over five years now (and coming up on the five-year anniversary of when my EEA partner and I became a couple) am I eligible for settled status? My understanding had been that my student time didn't count towards settled status since I wasn't officially here as an EU partner then, but I wanted to make sure.

And a secondary question - if I were able to obtain settled status under EEA law, could I then also apply for citizenship as the wife of a new British citizen, or would that not count since my settled status was under EU law? I'm aware of the recent ECJ ruling allowing spouses of EU citizens who then become UK citizens to benefit from freedom of movement rules, but I don't understand how/if that would affect my own attempt to apply for citizenship.

Thanks!!

[CR001]

My understanding had been that my student time didn't count towards settled status since I wasn't officially here as an EU partner then, but I wanted to make sure.

It does not no. You need 5 years as the family member of an EU citizen.

And a secondary question - if I were able to obtain settled status under EEA law, could I then also apply for citizenship as the wife of a new British citizen,

IF your partner is granted British citizenship by the time you qualify for PR, then yes you can provided you meet all the requirements. Otherwise you have to wait 12 months from the date you 'attain' PR (different to the date on the PR card).

[oxfordshiregirl]

Hi - thanks for the quick reply! Can I check then, does the five years begin from when I got the permit, or when I became the partner of the EU citizen?

Thanks so much for your help.

[CR001]

does the five years begin from when I got the permit

This one. As an unmarried partner, you have no automatic rights as the case would be had you been married at that time.

[Casa]

Also be aware that if your partner is granted British citizenship before you have acquired PR, they will no longer be able to sponsor you under the EEA Regulations.

[CR001]

Also be aware that if your partner is granted British citizenship before you have acquired PR, they will no longer be able to sponsor you under the EEA Regulations.

Think this is no longer relevant due to the recently ruling, see Obie and Vinny's posts of 14th November with the judgement.

eea-route-applications/do-dual-eu-uk-ci ... l#p1561805

[Casa]

Also be aware that if your partner is granted British citizenship before you have acquired PR, they will no longer be able to sponsor you under the EEA Regulations.

Think this is no longer relevant due to the recently ruling, see Obie and Vinny's posts of 14th November with the judgement.

eea-route-applications/do-dual-eu-uk-ci ... l#p1561805

Thanks Char. Some good news for once!