British Citizenship for non-working EEA Spouse

[nicedays]

Hi,

I'm trying to find out if there is a route to citizenship for my wife.

I've tried to find out as much as I can online, but I haven't managed to reach any definite conclusion. I'll set out what I think are the relevant facts below as clearly as I can in the hope that this will enable a knowledgeable person here to help!

I am a British citizen from birth (born in UK to BC parents pre-1983)
I also hold Irish citizenship (by descent, Foreign Birth Registration)
My Irish citizenship predates my marriage
I am in full time employment and have been for 20+ years

My wife is a Spanish citizen
We have been married and living together in the UK for 5 years
She has never worked or been a job seeker or studied in the UK
She does not have Comprehensive Sickness Insurance

I think that's everything. Thanks very much in advance if anyone is able to help.

[ohara]

There is no entitlement to citizenship through marriage. Does your wife have ILR?

[noajthan]

...

My wife is a Spanish citizen
We have been married and living together in the UK for 5 years
She has never worked or been a job seeker or studied in the UK
She does not have Comprehensive Sickness Insurance

I think that's everything. Thanks very much in advance if anyone is able to help.

If you don't have children then it seems your wife has little or no basis to remain in UK.

She needs to be exercising treaty rights if she does not have settled status.
Suggest she regularises her position in these uncertain times by:
1) at least getting some CSI in place;
and then:
2) by applying for a RC (EEA QP) to confirm her status.

[nicedays]

We have children. All both mine and hers, all British citizens born in UK, all still children. Does this make a difference?

[nicedays]

She doesn't have ILR. Is there a way for an EU citizen to get it?

[noajthan]

We have children. All both mine and hers, all British citizens born in UK, all still children. Does this make a difference?

Well your wife may have derivative rights to remain in UK based on the children.
But that can't lead to settled status (PR).

She would be much better off as a self-sufficient qualified person in her own right (with CSI).

After 5 years she could acquire settled status (PR) and apply for a DCPR which is one mandatory prerequisite for the privilege of citizenship.

If there is no time before the final exit for Brexit then an optional RC may still help;
for example, with invoking any transitional arrangements that may be put in place for all those EU migrants who are still 'in flight'.

[ohara]

She doesn't have ILR. Is there a way for an EU citizen to get it?

Sorry I read your thread title as "non-working non EEA spouse"

She needs permanent residence before she can apply for naturalisation.

[nicedays]

Is there any chance that the McCarthy transitional arrangements could apply?

She has been living here as my dependant spouse since 2011 and until the judgement she was entitled to status through me as a dual british / irish citizen right?

[noajthan]

Is there any chance that the McCarthy transitional arrangements could apply?

She has been living here as my dependant spouse since 2011 and until the judgement she was entitled to status through me as a dual british / irish citizen right?

To invoke the ta your wife would need to have had (or applied for) a RC (or FP) by a certain date in 2012. Does your wife have such a RC (or FP)?

[nicedays]

She hasn't sadly.

Although of course she wouldn't have any reason to because she's an EU citizen. So I guess she's fallen through a gap that no-one thought of. She went overnight from having resident status to not having it because of the McCarthy judgement - exactly what the transition arrangements were meant to avoid I think?

Oh well. Back to the drawing board.

[noajthan]

She hasn't sadly.

Although of course she wouldn't have any reason to because she's an EU citizen. So I guess she's fallen through a gap that no-one thought of. She went overnight from having resident status to not having it because of the McCarthy judgement - exactly what the transition arrangements were meant to avoid I think?

Oh well. Back to the drawing board.

Yes the ta is the British sense of fair play in action - that is what the ta is for.

One reason to get these optional documents is to avail of transitional arrangements which often depend on such evidence of status.
That may be the case again as the day of Brexit doom approaches which is why I suggest your wife now gets some CSI and then her RC.
At the moment she only has a derivative right to reside in UK.

[nicedays]

Thanks very much for taking the time to reply, much appreciated. (even if its not the answer I was hoping for!)

[doctoralx]

Thanks very much for taking the time to reply, much appreciated. (even if its not the answer I was hoping for!)

May I ask if you finally managed to find a solution? My wife is in a similar position. Any help will be much appreciated.

[Casa]

Thanks very much for taking the time to reply, much appreciated. (even if its not the answer I was hoping for!)

May I ask if you finally managed to find a solution? My wife is in a similar position. Any help will be much appreciated.

This thread has been inactive for over 12 months and the member nicedays only posted 6 times and hasn't visited the forum since
July 11, 2016