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In march 2017 my wife (US citizen) obtained a permanent residence card, as I am an EU citizen (Irish) and exercised my EU treaty rights. We have both been living and working in the UK since 2008.

We had planned for my wife to apply for dual citizenship in March 2018 (1 year after her permanent residence card was issued) but unfortunately my wife's mother has been diagnosed with breast cancer meaning we may have to return to the US before March next year for caring purposes.

I believe she has to be out of the UK 2 years before her permanent residence card becomes void. By next March it will still be valid. Is it possible for her to apply for dual citizenship from the US come next March?

Not if your wife has spent more than 90 days outside of the UK in the 12 month period prior to applying for BC and have spent no more than 450 days outside the UK during the qualifying 5 years.

Also she would be expected to submit evidence that she will continue to live in the UK.

Edit: You may want to look into when your wife actually acquired PR, which is the qualifying date rather than the issue date of the PR. She may be able to apply for BC sooner than March 2018

Casa wrote:Not if your wife has spent more than 90 days outside of the UK in the 12 month period prior to applying for BC and have spent no more than 450 days outside the UK during the qualifying 5 years.

Also she would be expected to submit evidence that she will continue to live in the UK.

Thank you Casa. I really appreciate you response.

Regarding evidence that she will continue to live in the UK; what would examples of this be?

AidoPotato wrote:

Casa wrote:Not if your wife has spent more than 90 days outside of the UK in the 12 month period prior to applying for BC and have spent no more than 450 days outside the UK during the qualifying 5 years.

Also she would be expected to submit evidence that she will continue to live in the UK.

Thank you Casa. I really appreciate you response.

Regarding evidence that she will continue to live in the UK; what would examples of this be?

Please see my edited post.

Casa wrote:

AidoPotato wrote:

Casa wrote:Not if your wife has spent more than 90 days outside of the UK in the 12 month period prior to applying for BC and have spent no more than 450 days outside the UK during the qualifying 5 years.

Also she would be expected to submit evidence that she will continue to live in the UK.

Thank you Casa. I really appreciate you response.

Regarding evidence that she will continue to live in the UK; what would examples of this be?

Please see my edited post.

Thanks again! This may be a light of hope!!

If your wife is unsure of the exact date PR was automatically acquired she can get confirmation by submitting a SAR request.

https://www.gov.uk/government/publicati ... mmigration

She cannot apply for British citizenship outside the UK. In the circumstances and route she has got PR, she can only submit an application in the UK, meeting all the requirements, the form and guidance notes are clear on this.

AidoPotato wrote:In march 2017 my wife (US citizen) obtained a permanent residence card, as I am an EU citizen (Irish) and exercised my EU treaty rights. We have both been living and working in the UK since 2008.

We had planned for my wife to apply for dual citizenship in March 2018 (1 year after her permanent residence card was issued) but unfortunately my wife's mother has been diagnosed with breast cancer meaning we may have to return to the US before March next year for caring purposes.

I believe she has to be out of the UK 2 years before her permanent residence card becomes void. By next March it will still be valid. Is it possible for her to apply for dual citizenship from the US come next March?

The United Kingdom is scheduled to withdraw from the EU in March 2019, so it may not be wise to rely long term on an EU residence card being valid for return to the U.K. if residence is abandoned.

Are you planning to become a British citizen? If you were British- your wife could apply under the less stringent requirements for spouses of British citizen.

In any case- your wife may be eligible to go ahead and apply for British citizenship now. Presumably- she acquired Permanent Residence at an earlier date than March this year, if you have both been in the U.K. since 2008. Note the requirement for her to intend for her home/principal home to be in the U.K.- although this would not conflict with temporary absence in the United States.

If you are intending to move to the United States- you will need a U.S. immigrant visa and you should think carefully about the tax/financial aspects of being a United States resident.