Settlement/British citizenship

[lynnuk_00]

We are a couple, married since 2007 - EU+non EU.
EU citizen acquired PR in 2013.
Non EU citizen is on Family Permit expiring this year.

We are intending to travel (work opportunity) this year returning end of 2015. We have some questions which we hope you can help with:

- Is the EU citizen a settled person in UK now (got the "blue card" last year) hence can re-enter UK with no problems or do they need to exercise treaty rights?
-Can the non EU citizen apply for British citizenship based on relationship with settled person (so not through EU route)
-Would it make any difference for the nonEU application, if EU becomes British instead of settled person?
-Can we apply both for British citizenship from abroad or would we have less chances?

thanks!

[Jambo]

Non EU citizen is on Family Permit expiring this year.

I assume you mean a 5 years Residence Card not a 6 month EEA Family Permit.

- Is the EU citizen a settled person in UK now (got the "blue card" last year) hence can re-enter UK with no problems or do they need to exercise treaty rights?

If they exercised treaty rights for 5 years, they are settled. PR status is lost if absent from the UK for more than 2 years. The EU citizen can always re-enter the EU regardless if he exercise treaty rights or not. If PR is obtained, there is no need to exercise treaty rights anymore (to support family member application for example).

-Can the non EU citizen apply for British citizenship based on relationship with settled person (so not through EU route)

There is no EU route for BC. There is only one route. However, BC requires PR which under the EU route takes 5 years of residence.

-Would it make any difference for the nonEU application, if EU becomes British instead of settled person?

Yes. If applying as spouse of BC, the applicant can apply after becoming settled (i.e. after 5 years of residence). If not married to BC, you need to wait another year after settled before applying.

-Can we apply both for British citizenship from abroad or would we have less chances?

You can apply but you will get refused.

[lynnuk_00]

Hi Jambo,

Yes I meant a 5 years residence card.

If the non EU citizen travels now and comes back before the residence card expired (which is November), do they need to be accompanied by the EU citizen to both leave and re-enter UK?
Or can the EU citizen join them at a later stage (before the residence card expired) and they both re-enter UK without any problems, given that the EU citizen has a PR & the Residence card will be still valid although about to expire? Or is it down to the border's discretion?

Once back in the UK - what options do we have? as the 5 yrs residence card will expire, and I presume the non EU citizen will not be elegible for PR as they left the country for 6-7 months?

thanks a lot

[lynnuk_00]

Sorry I also forgot to ask - does the non EU need to apply as a family member of a settled person in future (as the EU holds a PR) rather than an EU citizen then?

[Jambo]

If the non EU citizen travels now and comes back before the residence card expired (which is November), do they need to be accompanied by the EU citizen to both leave and re-enter UK?
Or can the EU citizen join them at a later stage (before the residence card expired) and they both re-enter UK without any problems, given that the EU citizen has a PR & the Residence card will be still valid although about to expire? Or is it down to the border's discretion?

I don't see a problem with leaving or entering the UK with or without the EEA national. Absences upto 6 months (in a given year) don't break residency and will not affect PR application in future.

Once back in the UK - what options do we have? as the 5 yrs residence card will expire, and I presume the non EU citizen will not be elegible for PR as they left the country for 6-7 months?

I would imagine the non EEA national has already completed 5 years of residence in the UK. The expiry date of the RC is irrelevant. He can just apply for PR Confirmation now using form EEA4. After PR is obtained absences upto 2 years will not affect the PR status.

Sorry I also forgot to ask - does the non EU need to apply as a family member of a settled person in future (as the EU holds a PR) rather than an EU citizen then?

No. They can stay on the EU route.

[lynnuk_00]

Thank you. When you say we can stay on the EU route, what would be the difference if it's settled person route?

[Jambo]

First, the settled route costs several hundred Pounds.
Second, it will reset your clock for PR.
Third, it will give no advantage whatsoever to be on the settled route.

But as I said, if you already completed 5 years of residence, you can apply for PR now using form EEA4.