Do I have to change from Family Member to Spouse Visa?

[Londontown]

Dear all,

I was granted the "Residence Card of a Family Member of an EEA National" in 2010 with my unmarried partner at the time who was an EU citizen but not a British passport holder. Two years later, my partner was granted a British passport but also retained her original citizenship (dual citizenship). We also got married this year.

My question to the forum members is: Should I now apply for a Spouse visa? Or can I stay on the original visa, which is still valid imo due to the fact that my wife is still a citizen of an EU country? Can I get my permanent residence by staying on this visa until the 5yrs are up?

Many thanks in advance for your advice.

LT

[Londontown]

Does anyone have any experience of this type of situation?

Many Thanks

[Jellybean105]

As far as I understand you can stay on that resident card and apply for permanent residency as well. I'm just not sure if you would apply under surrinder singh or not as you did not enter the UK while in a relationship with a British Citizen. You may need to prove your partner has been employed for 5 years.
Maybe someone else can help with that.

[rosebead]

I do know that those who were granted (or applied) for their EEA2 before October 2012 come under transitional arrangements for family members of dual British/EEA nationals. The transitional arrangements allow the old rules (where dual nationality of the sponsor did not matter) to be forever applicable to family members, so these family members with EEA2 could apply for EEA4 under the old rules years after October 2012. This means for the EEA4 application, the British nationality of the dual national sponsor has to be disregarded and cannot legally be used to refuse the applicant.

[Londontown]

Thank you guys/girls for your replies.

So am I to understand that I can just wait for the EEA2 to run out and then apply for ILR? How long before it expires can I start applying? I was also wondering if I applied for the Spouse visa, then would they calculate my 5 years from the start of the EEA2 visa or would the 5 years start from the beginning (of the Spouse visa)?

Kind regards
LT

[Jambo]

You can (and should) stay on the EEA route. Apply for Permanent Residence in 2015, 5 years after the RC issue date.

[Londontown]

Thanks for the advice Jambo. I think this is the best way to go