Non-EEA spouse of EEA National - Visa received but what ....

[cb1964]

Hello,

My husband received his 5 year UK residency visa (non-EEA spouse of an EEA (Irish) National) after a 10 1/2 month wait.

I know I am asking these questions way ahead of time, but I like to be prepared.

My questions are:

1. What is the next step in order for him to obtain citizenship and when does he have to apply?

2. His passport expires in 2011 and his visa expires in 2014. Do we just get a new passport and he carries the old one with him when entering and exiting the UK or do we need to obtain a new visa?

3. Is the 5 years counted from the date he arrived in the UK or the date of his 5 year residency visa?

Thanks

[thsths]

1. What is the next step in order for him to obtain citizenship and when does he have to apply?

2. His passport expires in 2011 and his visa expires in 2014. Do we just get a new passport and he carries the old one with him when entering and exiting the UK or do we need to obtain a new visa?

3. Is the 5 years counted from the date he arrived in the UK or the date of his 5 year residency visa?

The 5 years are counted from the date he arrived, assuming you were already his spouse, in the UK and working. He can nationalise 1 year later, so that could be quite soon. I would recommend to do that quickly, because in 2010 the law may change, making it much more difficult.

If he does not nationalise, he can use the registration certificate until it expires, even if it is then in an expired passport.

[cb1964]

I thought different rules applied because he is a NON EEA spouses an EEA national (I thought he had to be here for 5 years prior to doing anything).

Yes, we were married before he came.

[sakura]

I thought different rules applied because he is a NON EEA spouses an EEA national (I thought he had to be here for 5 years prior to doing anything).

Yes, we were married before he came.

Having looked through your old posts, your residence application was only made in March 2008, right? So that means he wouldn't obtain PR until 2013 or so. Certainly after the new laws are put in place.

Therefore we cannot speculate on when he would be eligible for naturalisation, as maybe between now and 2013 many things will change.

[cb1964]

I am not asking anyone to speculate as to what future law may be - because that would indeed be a ridiculous question.

I was simply asking what the process is now, eg. what form, etc., etc.,

[isceon]

how long have you been married?
are you british citizen as well?

[cb1964]

As per original post.

I am Irish (EEA national), my husband submitted an EEA2 form as a non-EEA spouse of an EEA national and recently received his 5 year residency. He has been here approximately 1 year and 5 months.

I did not think how long we were married was relevant to the physical process.

[isceon]

I just thought you were british as well as irish but obviously not.
you said:I did not think how long we were married was relevant to the physical process.
may be not but your spouse could be entiteled to Irish citizenship because of your marriage after a certain time perhaps that's all.and the period calculated towards PR under EU rules starts from the day you started exercising treaty (the day you started working,self emplyed or self sufficient.. not the day you received RC from HO confirming this right.and if you were married and exercising treaty right long before getting RC that could change everything
But I am just speculating as well...

[cb1964]

I am Irish, but also hold a UK passport. For my husband to obtain an Irish passport we would also have to be living in Ireland, not England.