BRITISH CITIZENSHIP FOR WIFE

[Masterixas]

Hi guys:
I'm not sure if this is the right forum to post this question but here it goes.
I'm a Portuguese Citizen who lives in the UK since 2000 and got a British passport this year through naturalization, prior of holding permanent residence for 1 year and of course goign through the live in the UK test.

I have a son who was also born in the UK and also holds an UK passport.

My wife is a Russian Citizen. We are married since June 2005 and she came to the UK in September 2005. I heard that spouses of British Citizens who are married for at least 3 years, can apply also for a Birtish Passport. We will be married for 3 years on June 2008 (this year). So following this thought my wife qualifies for a British Passport application this year.

My concern is that I'm a Birtish Citizen since February 2008 and she has been married to me for 3 years but I was not a British Citizen during those 3 years. Does that matter for her application for a British Passport or not? Does those 3 years rule for spouses apply if the other spouse has been always a British Citizen or it doesn't matter?

If it matters, then she only can apply for British Citizenship in 2011 right?
Whether she can or cannot, does she needs to apply for Permanent Residence prior to the British passport? I'm asking this because she still under the EEA family visa which is valid until 2011. Can we jump over the PR and go straight to the citizenship?

Thanks in advance

[vinny]

See also Am I eligible?

See also Requirements for naturalisation if you are married to or the civil partner of a British citizen. I don't think that it matters how long you have been a British citizen or how long you have been married. However, she should normally have permanent residence (Chapter 18: Naturalisation at discretion > Annex B: The residence requirements (7.3)) at the time of the citizenship application. Suggest she uses the NCS when applying.

[Christophe]

Hi guys:
My concern is that I'm a Birtish Citizen since February 2008 and she has been married to me for 3 years but I was not a British Citizen during those 3 years. Does that matter for her application for a British Passport or not? Does those 3 years rule for spouses apply if the other spouse has been always a British Citizen or it doesn't matter?

No, as long as she is married to a British citizen (i.e. you) on the day that she applies, she can apply on that basis. The fact that you were not a British citizen throughout her 3-year period of qualifying residence is not relevant.

[sakura]

She needs to obtain PR before she can apply for naturalisation.

[Masterixas]

She needs to obtain PR before she can apply for naturalisation.

But as far as I am concernend PR comes only after 5 years a legal immigrant leaves in the UK like happened with me. So if she is apparently allowed to apply for British Citizenship after being married for 3 years to me, what's the point to go through PR if PR requires the 5 year term? I thought this British Passport based on the 3 year marriage to a British Citizen would surpress the PR as an advantage of being married to a British Citizen, otherwise it doesn't make sense to me, unless of course PR can obtained earlier than 5 years for those who are married to British Nationals, which I'm not aware of. Are you guys?

[Wanderer]

The way I read this is ur wife is on the EEA route to PR, ie five years.

For her to obtain PR and therefore naturalise she'll need wait the five years for PR, or switch to UK immigration route, wait two years and naturalise immediately after assuming she's had a year or more of EEA FP time under her belt.

[Christophe]

The way I read this is ur wife is on the EEA route to PR, ie five years.

For her to obtain PR and therefore naturalise she'll need wait the five years for PR, or switch to UK immigration route, wait two years and naturalise immediately after assuming she's had a year or more of EEA FP time under her belt.

Ah, yes, OK.

[Masterixas]

Ok I'm a little confused now

Yes she is under an EEA family visa permit ( valid until 2011) because I'm the EEA national (who become now a British Citizen), but my wife does not belong to EEA since she's Russian.

She came to the UK under her visa in September 2005 so she has living under that visa for almost 3 years, but we got married in June 2005 so the 3 year marriage in coming soon.

So let's say we decide to move to her British Passport application and forget about PR (since PR will take her another 2 years wait) do you guys think she is entitled for the naturalizaton application now or not?

[sakura]

Ok I'm a little confused now

Yes she is under an EEA family visa permit ( valid until 2011) because I'm the EEA national (who become now a British Citizen), but my wife does not belong to EEA since she's Russian.

She came to the UK under her visa in September 2005 so she has living under that visa for almost 3 years, but we got married in June 2005 so the 3 year marriage in coming soon.

So let's say we decide to move to her British Passport application and forget about PR (since PR will take her another 2 years wait) do you guys think she is entitled for the naturalizaton application now or not?

No.

As you know, there are two routes: the EU route and the UK route.

Your wife came here under the EU route, with a residence permit. And she is still on that permit. She obtains PR in 2011.

The other option is the UK route, with a spouse visa. She doesn't have that, you didn't apply for it. However, I think she can apply for the spouse visa if she wishes, as it would give her ILR in 2010....one year (or so) earlier than PR. But this is far more costly.

To apply for naturalisation you need to have ILR or PR.

So, even though she is married to a British citizen that doesn't avail her of having to have ILR or PR to apply for naturalisation. See here: http://www.immigrationboards.com/viewto ... ight=ppron and

http://www.immigrationboards.com/viewtopic.php?t=25209

So, either residence card > PR > naturalisation
or
spouse visa > ILR > naturalisation

The good news is that, as soon as she obtains PR (or ILR if you do go to a spouse visa), she can apply for naturalisation.

[Masterixas]

I will keep the EU route as it's way cheaper.
Thanks