I just wanted to share with you members my non-EU wife's naturalisation as BC success story.
My non-EU wife's Residence card (EEA 2) was valid from October 2008 to October 2013.
I (EU national) naturalised as British Citizen last October 2013.
My wife's residence card expired in October 2013 and she did not want to apply for Permanent Residence (EEA 4) as she automatically got Permanent Residence after being 5 years in Uk.
So just after I naturalised as BC, my non eu wife applied for British Citizenship too, she sent her passport where the sticker for Residence Card (EEA 2) had already expired a week before but she explained in a long cover letter that according to EU law non eu spouses of EU nationals get automatic Permanent Residence after being 5 years In uk, etc etc without the need to apply for Permanent Residence (EEA 4), she also explained that as she now became the spouse of a British Citizen she did not need to wait for a year to apply for BC but she could apply straightaway, she sent my naturalisation certificate, and other important documentation to support her application.
It took only 2 months and a half for the approval letter to arrive from the Home Office without any questioning at all and her ceremony took place a month after that and we all now have British Passports.
BY the way, I'd recommend anyone whose case is similar to my wife not to apply through the nationality checking service as they won't process your application. they will insist that you need ILR or PR on your passport. These people do not know anything about EU law so do it yourself and always write a cover letter to explain to HO how the EU law works for non-EU spouses of EU nationals as those people that work in HO do not know much about it.
I say this because before my wife sent her application for naturalisation, she called the HO and some silly advisers told her she needed ILR which does not even apply to non eu spouses of EU nationals but PR. However my wife was determined to prove them wrong and she succeeded.
We also got great advice from this forum specially from the gurus Amber and JAMBO who were amazing. There is a very similar success story on this forum from Mohammed Ali from Germany.
Best of luck
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