British passport for my EU wife

[tawfiq]

I have recently become a British citizen, can my wife get the British passport after me? She has been here for 14 years but she is not able to show continuous 5 years work. She always had like few weeks or months between jobs. She did not get the Permanent residence card when applying a year ago.



Thank you

[ohara]

Only a British citizen can apply for a British passport. There is no employment requirement for naturalisation.

Were you an EEA citizen? Is there any chance your wife could have acquired PR as your dependant?

[Casa]

You appear to be saying that your wife was refused PR. If so, for what reason?

[Casa]

Only a British citizen can apply for a British passport. There is no employment requirement for naturalisation.

Were you an EEA citizen? Is there any chance your wife could have acquired PR as your dependant?

@ohara This is confusing. The OP in this previous thread is saying he applied for FLR(M) and then SET(M) (following student visa) but also says his wife is an EEA national.
http://www.immigrationboards.com/britis ... l#p1147179

[tawfiq]

Maybe it was the permanent residence, they asked her to prove that she has been here for 5 years continuously and working, but as i said she always had some gaps between 2 jobs, as she could not find them straight away. How can she apply for the naturalisation without proving the 5 years continuous work?
Thank you

[noajthan]

Maybe it was the permanent residence, they asked her to prove that she has been here for 5 years continuously and working, but as i said she always had some gaps between 2 jobs, as she could not find them straight away. How can she apply for the naturalisation without proving the 5 years continuous work?
Thank you

No settled status in UK means no citizenship.

What is nationality of wife (is she from EU as per subject title)?
If she is not an EEA national who is her EEA national sponsor?

Wife will need settled status before applying for privilege of citizenship.
That is ILR if on UK immigration route or else PR if on EU route.
If from EU how is she exercising treaty rights?

[tawfiq]

Hi All,

I recently got British passport, my wife is European. We have been married since 2011 living in the UK.
Can she apply for a PRC after me as a family member or direct family member or is there any other option?

Thank you
Tawfiq

[noajthan]

Hi All,

I recently got British passport, my wife is European. We have been married since 2011 living in the UK.
Can she apply for a PRC after me as a family member or direct family member or is there any other option?

Thank you
Tawfiq

You cannot sponsor any family members now you are British.

Wife will have to apply for PRC (DCPR) in her own right. Fortunately she is European rather than non-EEA which could be problematic.

Is your wife exercising treaty rights?

[Richard W]

You cannot sponsor any family members now you are British.

However, the sponsorship would be possible for the period before the OP became British - it is possible for an EEA national to qualify for a DCPR by a mix of sponsorship and being a 'qualified person' in her own right.

Being a qualified person also includes being one of a couple who have enough lawful income and assets between them to be ineligible for British benefits and also have Comprehensive Sickness Insurance (CSI).

How long before you, the OP, became British did your wife marry you and come to reside in the UK? ('2011' to 'recently' might be as long as 5 years!) Was she perhaps working in the UK before you married? It's possible that she acquired permanent residence before you acquired British citizenship.

In some circumstances, when your wife applied for a registration certificate might also be relevant - if she ever applied for one.[/quote]

[Petaltop]

However, the sponsorship would be possible for the period before the OP became British - it is possible for an EEA national to qualify for a DCPR by a mix of sponsorship and being a 'qualified person' in her own right.

Except that according the OPs previous posts, he is not an EEA national. He married an EEA national before his student visa expired. His EEA wife will have to qualify for PR in her own right.

Has your Hungarian wife exercised her treaty rights as a qualified person for 5 continual years?

[noajthan]

However, the sponsorship would be possible for the period before the OP became British - it is possible for an EEA national to qualify for a DCPR by a mix of sponsorship and being a 'qualified person' in her own right.

Except that according the OPs previous posts, he is not an EEA national. He married an EEA national before his student visa expired. His EEA wife will have to qualify for PR in her own right.

Has your Hungarian wife exercised her treaty rights as a qualified person for 5 continual years?

+1

Always good to answer the case rather than second guessing an imaginary case.

[Casa]

I'm still curious to know how the OP was able to apply for FLR(M) and then SET(M) successfully, when married to an EEA national who was refused PR.
http://www.immigrationboards.com/britis ... l#p1147179

[noajthan]

I'm still curious to know how the OP was able to apply for FLR(M) and then SET(M) successfully, when married to an EEA national who was refused PR.
http://www.immigrationboards.com/britis ... l#p1147179

Thinking out of the box here, maybe that was achieved under the auspices of a.n.other spouse.

Cue Twilight Zone theme tune.

Anyway, posts merged to try to avoid any more confusion and to ground this case with some background context.

Multiple posts

[Casa]

I'm still curious to know how the OP was able to apply for FLR(M) and then SET(M) successfully, when married to an EEA national who was refused PR.
http://www.immigrationboards.com/britis ... l#p1147179

Thinking out of the box here, maybe that was achieved under the auspices of a.n.other spouse.

Cue Twilight Zone theme tune.

Anyway, posts merged to try to avoid any more confusion and to ground this case with some background context.

Multiple posts

I don't think I can be more confused, especially after reading "applied as the partner of a person settled in the UK so in July 2012 I got ILR for 10 years"
Where is the 'settled wife' now if this one was refused PR?

[noajthan]

Yep, a jumbled story going back to at least 2012:
http://www.immigrationboards.com/eea-ro ... ml#p729955

@tawfiq, none of this seems to add up.

Anyway as per the start of this topic, your wife will not acquire the holy grail of PR status until she has exercised treaty rights continuously for 5 years in her own right.

And if she has not done that so far then she may not have time to do so now (due to Brexit coming sooner or later).

If she is not working at the moment she may like to regularise her position in UK by getting some CSI in place (assuming that you are supporting her so that she falls into the category of a self sufficient qualified person).
Or she may find herself batting on a sticky wicket.

[noajthan]

Maybe it was the permanent residence, they asked her to prove that she has been here for 5 years continuously and working, but as i said she always had some gaps between 2 jobs, as she could not find them straight away. How can she apply for the naturalisation without proving the 5 years continuous work?
Thank you

No settled status in UK means no citizenship.

What is nationality of wife (is she from EU as per subject title)?
If she is not an EEA national who is her EEA national sponsor?

Wife will need settled status before applying for privilege of citizenship.
That is ILR if on UK immigration route or else PR if on EU route.
If from EU how is she exercising treaty rights?

[Richard W]

You cannot sponsor any family members now you are British.

This statement is deceptive. It implies the OP ever could.

[noajthan]

You cannot sponsor any family members now you are British.

This statement is deceptive. It implies the OP ever could.

Not at all.

However, does it even matter - and I'm looking at the long-winded and 'deceptive' posts you made yesterday fantasising about OP being an EU citizen.

I limited myself to what I did know at the time: OP is (at face value) British and Brits (although there are certain exceptions) can't sponsor anyone - no matter how hard they close their eyes and wish.
So my statement is factually correct (and also packaged and pitched as deemed appropriate for the intended audience and whose first language is not the Queen's English).

Even the OP is unclear on his own case and since 2012 has been unable to explain clearly how he became firstly settled and then British.
Or else OP is fabricating the whole story and/or its hypothetical and/or he's completely forgotten his life history and/or he's delusional/in denial and/or its not his story its some friend's case;
all of which and more, shock horror, does happen.

Takeaway: don't second guess; elucidate the facts first.

Until OP responds this is a lost cause.