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hello
my wife is polish and i have recident for 5 years ee2 which pass one year from it and my wife soon will got british citizen so can i change my recident to spouse visa for two years which wife british ..?

mohamed82 wrote:hello
my wife is polish and i have recident for 5 years ee2 which pass one year from it and my wife soon will got british citizen so can i change my recident to spouse visa for two years which wife british ..?

no you cannot save time like that. If your wife becomes british u will lose the rights under EU law as Poland doesn't allow dual citizenship. So you will need to leave the UK and reapply from outside! Better ask your wife to wait until you obtain Permanent Residence having been married for 5 years. When did you get married? I understand recently as otherwise you wouldn't want to switch to the 2 year route.

mcovet wrote:

mohamed82 wrote:hello
my wife is polish and i have recident for 5 years ee2 which pass one year from it and my wife soon will got british citizen so can i change my recident to spouse visa for two years which wife british ..?

no you cannot save time like that. If your wife becomes british u will lose the rights under EU law as Poland doesn't allow dual citizenship. So you will need to leave the UK and reapply from outside! Better ask your wife to wait until you obtain Permanent Residence having been married for 5 years. When did you get married? I understand recently as otherwise you wouldn't want to switch to the 2 year route.

While abroad Polish Citizen can use Polish Citizenship and another one, she will be dual national.
Polish Citizens can't use another nationality in poland, crossing the border, when they get in trouble with the Police, etc. they can't use another nationality as a defence.

mcovet wrote:...If your wife becomes british u will lose the rights under EU law as Poland doesn't allow dual citizenship...

As far as I´m aware, Poland >>does allow<< dual citizenship.

Why the applicant should change his status, I do not know. Just leave everything as it is, and you will continue to have the right to travel visa-free throughout Europe! But there might be other factors that I don´t know about...

mohamed82 wrote:hello
my wife is polish and i have recident for 5 years ee2 which pass one year from it and my wife soon will got british citizen so can i change my recident to spouse visa for two years which wife british ..?

Technically it is possible but I wonder why you are asking? Is it because you think you need to? (you don't) or because you want to reduce your path to citizenship from 5 years to 3 years? (possible but depends how log you have been under the EEA route and meeting the spouse visa requirements).

mcovet wrote:

mohamed82 wrote:hello
my wife is polish and i have recident for 5 years ee2 which pass one year from it and my wife soon will got british citizen so can i change my recident to spouse visa for two years which wife british ..?

no you cannot save time like that. If your wife becomes british u will lose the rights under EU law as Poland doesn't allow dual citizenship. So you will need to leave the UK and reapply from outside! Better ask your wife to wait until you obtain Permanent Residence having been married for 5 years. When did you get married? I understand recently as otherwise you wouldn't want to switch to the 2 year route.

we r married over 3 years but i live in uk about one year using this recident

Jambo wrote:

mohamed82 wrote:hello
my wife is polish and i have recident for 5 years ee2 which pass one year from it and my wife soon will got british citizen so can i change my recident to spouse visa for two years which wife british ..?

Technically it is possible but I wonder why you are asking? Is it because you think you need to? (you don't) or because you want to reduce your path to citizenship from 5 years to 3 years? (possible but depends how log you have been under the EEA route and meeting the spouse visa requirements).

we are married in 2008 and i came to england 2010 and i recieved my eeu recident in may 2011

so i use my eeu recident only one year now

You still did not answer my question - Why do you want to switch?

Why did you only get the RC in 2011 if you came to the UK in 2010? Was your wife exercising treaty rights in 2010?

Your time under EEA regulations started when you moved to the UK if you wife was exercising treaty rights then not when the RC was issued. So you should be able to achieve PR in 2015. If you go and change to spouse visa, you will achieve ILR in 2014 so you will only save one year (and spend £1,500). Not sure it is worth it.

Jambo wrote:You still did not answer my question - Why do you want to switch?

Why did you only get the RC in 2011 if you came to the UK in 2010? Was your wife exercising treaty rights in 2010?

Your time under EEA regulations started when you moved to the UK if you wife was exercising treaty rights then not when the RC was issued. So you should be able to achieve PR in 2015. If you go and change to spouse visa, you will achieve ILR in 2014 so you will only save one year (and spend £1,500). Not sure it is worth it.

yes when i have arrived here she has the right treat ,... she live in uk nearly 7 years now we marriad 2008 i came here i augost 2010 i have applied for RC but i have been refused becouse i forget to send some documents so i make have made an appeal and i won it and i got the RC on may 2011 ,,, since i have arrived in augost 2011 i i have worked all the time till now i have i have two b60 nd still keep my payslips all .. and i want do that becouse my wife is biritish now and if i do spouse i can get indfenite after two year but now i have to wait 4 years to get indifinte .. so two years better than 4 years ,,, they ee2 application find deficult to got indifnate but spouse 2 years more easy to get the indifnate ,,,

As I said, your time for PR started when you moved to the UK and not when the RC was issued so it should be 3 more years. Not 4.

Don't know why your RC was initially refused but I would think that the requirements under the EEA regulations are much simpler to meet than the ones under the UK immigration rules for spouse visa. Why do you think it is not the case?

Jambo wrote:As I said, your time for PR started when you moved to the UK and not when the RC was issued so it should be 3 more years. Not 4.

Don't know why your RC was initially refused but I would think that the requirements under the EEA regulations are much simpler to meet than the ones under the UK immigration rules for spouse visa. Why do you think it is not the case?

really ,, so the year which i was waiting the RC and the apeal and all this time are counting,, i have two b60 and and all payslips when i arrived to the uk becouse i have working all the time since i have arrived to the uk in augost 2010 ,,,i keep all payslips since this date,,,

if u are sure that year which i have arrived to the uk is counting so i will keep this rc and i wont make make onther becouse i thought the time acounting after i got the RC and the year which i wait the rc are not counting
so plz tell me what i should ,, i dont know

i arrived in augost 2010 i applaid for RC nd they refused then i make appeal then they approve the apeal in april 2011 and i got my RC IN MAY 2011 ... WHAT IS MY SITUATION AND WHAT SHOULD DO ?

Under EEA regulations it's the EEA national activities that matter, not yours. It doesn't matter whether you work or not. What is important is what your wife is doing. If she got a PR card, then you can use that as proof when you apply for PR.

Under EEA regulations, rights for family members derive automatically from the activities of the EEA national and not from documentation from the HO. RC is actually optional. Time for PR starts from the time you started to live under the regulations (i.e. your wife exercise treaty rights. You live in the UK) and not from when the RC was issued.

Why did they refuse your application?