non eea member but family member of eea

[minion]

Hi every one
I am new to this forum and probably it was asked before on this forum
My inquiry is regarding my partner. She is from Jamaica(i am from EU and got my UK nationality in 2015(dual nationality)) and she got eea family member visa which was granted in 2010 for 5 years.
I would like to know can she apply strait away for naturalization as British or she have to apply for indefinite leave to remain first ? And which form do we have to use to apply?
Thanks in advance

[Obie]

It depends on her immigration history.

[minion]

She came in to uk in 2002 but visa expired in 2006 visa have been denied since (loads of appeals and spend money) we applied as eea family member in 2010 and had a success,but now it will expire so I wonder if we can apply straight fo BC or not as I was told first indefinite leave to remain

[Obie]

No she can't apply. She will need to wait for 10 years since she overstayed in 2006.

After 10 years of becoming a family member of an EEA national, she will be entitled to apply for citizenship.

She would have qualified if not for the overstay.

[minion]

Can we apply for indefinite now or not? as we were told when we told in 2010 after this visa expires in 2015 apply for indefinite

Thanks for your reply

[A Helping Hand]

As you already mentioned that you spent loads of time and money to correct her immigration offence in the past.

As you got your appeal through EEA and she was granted visa via EEA. she can stay with you but won't be able to apply for her BC.

As suggested above / before go ILR Route and wait one more year for BC.

[minion]

Thanks for your help

[minion]

one more question.
as i am British now and i did see that eea rules do not apply for her any more. How can we go from here then ? do we have to apply for visa or we can apply for ILTR. we have 2 kids and my income less than 18600.
any advice pls.
thanks