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Hi All


a) My wife entered UK on Entry Clearance visa (as non Family member of EEA) in Oct 2008

b) She received her Residence card (non-European family members of EEA in August 2009

c) I am a Portuguese and British citizen

When can she apply for her PR or she should apply for BC as spouse of British Citizen?

Thank you
Dipesh

DVirchand wrote:Hi All


a) My wife entered UK on Entry Clearance visa (as non Family member of EEA) in Oct 2008

b) She received her Residence card (non-European family members of EEA in August 2009

c) I am a Portuguese and British citizen

When can she apply for her PR or she should apply for BC as spouse of British Citizen?

Thank you
Dipesh

In order to naturalise as a BC then your spouse needs to be settled, in this case have PR. That means 5 years of exercising treaty rights or in this case being a qualified person - family member of EEA national exercising treaty rights. After she has been a qualified person for 5 continuous years she is settled (has PR). Then once she is settled she can apply for naturalisation as a BC immediately providing she meets the other standard requirements as a spouse of a BC.

DVirchand wrote:a) My wife entered UK on Entry Clearance visa (as non Family member of EEA) in Oct 2008

As you are also a British citizen then your wife may apply to naturalise in Oct. 2013 once she automatically acquires PR. She may wish to apply first for confirmation of her status but this is not mandatory. Provided that she:

Satisfies the eligibility criteria under EU law for PR acquisition
Has not been absent from the UK for more than 6 months per year
Has documentary evidence to prove the above and
Also falls below the absence thresholds for naturalisation plus other requirements, she is good to go.

Oh, also, depending on when in Oct. 2013 she acquires PR, she may also need to take the English Language exam which might be in force by then. The Life in the UK test is compulsory for everyone applying to naturalise.

Moved to bc section.