On EEA2, EU sponsor got British Citizenship. Help Please

[chinouk]

MY current situation.
Civil Partnership: Nov,2012
Got EEA2 June 2013 valid till June 2018
EU Sponsor (Polish Nation) obtained British Citizenship in 2016

I am due to apply for PR Nov 2017, I have just find out if my Polish Partner obtained British Citizenship, I am also lost my right staying in UK. I am bit lost now. Can anyone tell me what I should do now? Do I need to swift to other type of visa,( outside UK? ) I read some rules. I would like to know if my partner give up British Citizenship now will be any help?

Thank you and waiting for your advice.

[noajthan]

Revoking citizenship now is probably too late.

Is relationship still subsisting?
Had you submitted a UK FP application during or before July 2012?

[chinouk]

Thank you for your reply noajthan,

The relationship is still going strong. I am on EEA2 5 years residence card till June 2018, applied June 2013. I am illegal living in the country for last 12 months?? whats the best I can do now please help. I am depressed, this should not have happened we totally dont know.

[noajthan]

Thank you for your reply noajthan,

The relationship is still going strong. I am on EEA2 5 years residence card till June 2018, applied June 2013. I am illegal living in the country for last 12 months?? whats the best I can do now please help. I am depressed, this should not have happened we totally dont know.

Most unfortunate.
How did you enter UK in first place, did you have a Family Permit (FP)?

[chinouk]

thanks i did call HO, i need to switch to Spouse visa in UK now.

[Obie]

To apply as spouse you will need to leave, and then apply from overseas, show you earn 18,600, do english language test, pay about 1800 pounds for NHS and application, then start all over again.

The other hope is that the CJEU rule Lounes, R (on the application of) v Secretary of State for the Home Department [2016]EWHC 436 (Admin) (08 March 2016) favourably.

[pochaco]

The other hope is that the CJEU rule Lounes, R (on the application of) v Secretary of State for the Home Department [2016]EWHC 436 (Admin) (08 March 2016) favourably.

Any idea how long it might be till decision in this court case?

[Obie]

The other hope is that the CJEU rule Lounes, R (on the application of) v Secretary of State for the Home Department [2016]EWHC 436 (Admin) (08 March 2016) favourably.

Any idea how long it might be till decision in this court case?

How long does it take to fill up a string.

[chinouk]

@noajthan，for what reason you think renounce British Citizenship is too late? we decide to renounce british nationality, so that I can stay here after that. we think to apply spouse visa outside UK is too risky, as tiny error may lead to refusal.

I have last question if anyone could help me: after I regain the right live in UK, Can I apply for my PR under normal time? or 5 years time back to zero again? Thanks

[noajthan]

@noajthan，for what reason you think renounce British Citizenship is too late? we decide to renounce british nationality, so that I can stay here after that. we think to apply spouse visa outside UK is too risky, as tiny error may lead to refusal.

I have last question if anyone could help me: after I regain the right live in UK, Can I apply for my PR under normal time? or 5 years time back to zero again? Thanks

Because for the time partner is/was British they can't sponsor you. So you have no basis to remain in UK and PR clock is stopped; (reset back to zero).

With Brexit looming there is not likely to be time to acquire PR in normal way if starting from zero.

[chinouk]

Thank you. I would not mind time back to zero again compare to apply for spouse visa outside UK. My partner got PR already, so even after Brexit, I believe I still have right live here on different type of immigration rules.
please correct me if im wrong or you think there is better solution on this.

[noajthan]

Thank you. I would not mind time back to zero again compare to apply for spouse visa outside UK. My partner got PR already, so even after Brexit, I believe I still have right live here on different type of immigration rules.
please correct me if im wrong or you think there is better solution on this.

Well you don't simply inherit any immigration status from your partner.
If you did then you wouldn't even have to apply for confirmation of PR.

[chinouk]

Thank you, so whats your advice on this then?

[noajthan]

Thank you, so whats your advice on this then?

You still haven't answered my question from other day:
Had you submitted a UK FP application during or before July 2012

[chinouk]

no i applied after that

[noajthan]

no i applied after that

In that case you can't avail of the McCarthy transitional arrangement for those on EU migration trajectory.
Only solution appears to be to switch tracks to UK domestic migration route.

[chinouk]

Thank you if i insist to go for back to family member of EEA route again, what is the outcome? Thank you for your time.

[noajthan]

Thank you if i insist to go for back to family member of EEA route again, what is the outcome? Thank you for your time.

Well my understanding is you would have to start to acquire PR from zero as your PR clock will have been stopped for some time.

And with Brexit looming there is not likely to be time to acquire PR in the 'normal' way if starting from zero.
You would have to rely on the British sense of fair play and any transitional arrangements - if any and whatever they may be, its all up in the air as of now.

[Obie]

Are you saying acquiring British citizen has the effect of nullifying a Right of Permanent Residence.

Only if you are correct on that, will you be correct in saying she will have to start the clock all over again.

[noajthan]

The way HO plays it OP's partner (British) cannot sponsor dependent.

So even if sponsor/partner now revokes citizenship there will be a period in which PR clock was stopped; the time that sponsor has been British.

If sponsor/partner becomes only EEA again then PR clock for the dependent will restart from zero.

[Obie]

The way HO plays it OP's partner (British) cannot sponsor dependent.

So even if partner now revokes citizenship there will be a period in which PR clock was stopped; the time that sponsor has been British.

If partner becomes only EEA again then PR clock for the dependent will restart from zero.

As a matter of law, that makes no sense to me, as the factors dont appear in regulation 15 (2) at all.

[noajthan]

The way HO plays it OP's partner (British) cannot sponsor dependent.

So even if partner now revokes citizenship there will be a period in which PR clock was stopped; the time that sponsor has been British.

If partner becomes only EEA again then PR clock for the dependent will restart from zero.

As a matter of law, that makes no sense to me, as the factors dont appear in regulation 15 (2) at all.

But OP has not achieved holy grail of 15(2).

And, due to partner's premature citizenship, my understanding is OP fails test of 15(1) b).

[Obie]

OP's clearly qualifies for PR status, otherwise he would not have been naturalised. He clearly had PR under 15 (1)(a).

That status can only be lost under the terms of Regulation 15 (2) or (3).

If the British citizenship is renounced, I see no obstacle to OP qualifying under 15 (1)(b).

[chinouk]

Thank you for both of your advice. we would like to apply for my PR in the normal 5 years time after my partner renounce British nationality, as he already got PR 4 years ago, already a qualified person. we would like to challenge it. the worst case, the clock restart again which I dont mind really.

on the other hand, noajthan asked me when I got FP. i come here in 2008 as student visa then moved to residence card after it, never applied FP, is the mean by 2018, I got chance to use 10 years route for my ILR?

any advice would be much appreciated.