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EEA National British citizenship+ non eea spouse on RC

Posted: Tue Sep 16, 2014 11:49 am
by uaa1bee
Hi

I just wan to know my spouse has been exercising treaty rights for last 10 years and did not apply PR. I am non EEA on EEA2 Residence Card. IF she applies for British citizenship (without ILR/PR) then what would be my status ? AS I have been on EEA2 route for only 3 years. Will I be able to apply for ILR straight away or ? I will carry on route to PR and wait 5 years ? or my EEA2 RC will be cancelled ?

As we have been married for 3 years , if she is eligible for British citizenship then can i apply for ILR once she gets British citizenship or no ?

Precise answer without references to other links and 300 posts will be appreciated. thanks. I hope any master is out there, he who can guide me using his experience and knowledge of alleged subject.

Cheers

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Tue Sep 16, 2014 11:05 pm
by Jambo
Would the EEA national keep their EEA nationality?

You would be allowed to continue on the EEA route and once PR is obtained (after 5 years of residence), you can apply for BC.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 5:28 am
by uaa1bee
Yes she can as she isn't arsed about it. But i am. I am looking for shortcut . As everytime i go for holiday and come back they start asking about previous immigration status prior to marriage and ask silly questions. So i am wondering if she gets BC , would i be eligible to apply for ILR straight away or no ? As we would have been married for 3 years in few months time. Thanks Jumbo

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 7:15 am
by Jambo
No.
No shortcuts I'm afraid.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 9:35 am
by uaa1bee
If she gets BC will my RC remain valid ?

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 1:24 pm
by fwd079
Jambo wrote:No.
No shortcuts I'm afraid.
Please correct me if I am wrong, isn't it the case that if you are in UK as spouse of BC for past three years and apply for ILR, the moment ILR comes you can apply for BC?

Regards.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 1:35 pm
by uaa1bee
Thanks @fwd...... but no it isnt a case , I am afraid.

I am on EEA2 residence card for 3 years. Wife has been exercising treaty rights for last 10 years.


If she now applies for British Citizenship and gets it,, what would be my status ? ( I am non eea family member of EEA national for 3 years )
& what would be the options available to me if wife gets BC next month ?

Please help. I apologize if my posts have been confusing as I myself have been confused.com

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 1:39 pm
by fwd079
uaa1bee wrote:Thanks @fwd...... but no it isnt a case , I am afraid.

I am on EEA2 residence card for 3 years. Wife has been exercising treaty rights for last 10 years.


If she now applies for British Citizenship and gets it,, what would be my status ? ( I am non eea family member of EEA national for 3 years )
& what would be the options available to me if wife gets BC next month ?

Please help. I apologize if my posts have been confusing as I myself have been confused.com
I am not sure hence asked Jambo.

But, my wife is on Teir 1 Dependant visa for past three years, in UK, I know that once I become BC I can apply for her ILR (which I can apply now, just not doing it) and the moment ILR comes she can apply for BC as spouse of BC having lived here longer than three years (she came here before 5 years rule was applicable to dependants, in case anyone is wondering) hence my idea.

Regards.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Wed Sep 17, 2014 1:42 pm
by uaa1bee
I await Jumbo's reply. @jumbo

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Fri Sep 19, 2014 4:31 am
by Jambo
uaa1bee wrote:If she gets BC will my RC remain valid ?
Yes. You can continue with the EEA route.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Fri Sep 19, 2014 4:31 am
by Jambo
fwd079 wrote:
Jambo wrote:No.
No shortcuts I'm afraid.
Please correct me if I am wrong, isn't it the case that if you are in UK as spouse of BC for past three years and apply for ILR, the moment ILR comes you can apply for BC?

Regards.
The issue is that he can't get ILR now. He will need to complete 5 years of residence.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Fri Sep 19, 2014 2:24 pm
by fwd079
Jambo wrote:
fwd079 wrote:
Jambo wrote:No.
No shortcuts I'm afraid.
Please correct me if I am wrong, isn't it the case that if you are in UK as spouse of BC for past three years and apply for ILR, the moment ILR comes you can apply for BC?

Regards.
The issue is that he can't get ILR now. He will need to complete 5 years of residence.
Ah that clears it. Many thanks Jambo.

Re: EEA National British citizenship+ non eea spouse on RC

Posted: Fri Sep 19, 2014 5:58 pm
by uaa1bee
Thanks. I didn't know laws have been changed for BC too. 5 years ?! No problem .

Re:* British Citizenship for non eea spouse on RC *

Posted: Fri Oct 17, 2014 4:36 pm
by Spoon
1) I got married to my EEA wife in 2007
2) Moved to the UK on the 19th of October 2008
3) APPLIED for Residence card in FEBRUARY 2009
4) Application for Residence Card got DENIED 1 April 2010 on the grounds that my EEA wife did not have Health Insurance as she was a student
5) 4th April 2010 filed an appeal to the First Tier Tribunal Court through a law firm
6) June wife graduates as starts working ( paying tax)
7) 2nd August Tribunal Hearing
8) 6 August, Appeal Approved
9) 15 November 2010 Residence Card posted to my law firm which was in Administration. So I never got the Residence Card.
10) 12/2010 -03/2013 in an endless war with a crew of lawyers vs the Home Office to obtain a new Residence Card.
11) 13 APRIL 2013 FINALLY GOT valid until 15 November 2015

From the situation above, I would like to know if I can apply for BC since I will be clocking 6years in the UK om 19/10/14 together with my wife using the 1st route since I dont have my PR yet