I need advice please

[afridi24]

Hello everyone and thanks in advance who help me through out , I have a question, my wife received PR ,she can apply for British passport after naturalization ,she is here from 9 years so she don't need to wait another year to apply for naturalization, but what will happen to my status as it will expire expire in 2019,I mean once my wife become British ?I will apply for ilr or pr ?or can I apply for ilr through 10 year legally stay in uk after she became British ?

[herald2839]

with respect to your wife's position:
yes, she can apply for naturalization 1 year from having completed 5 years of the exercise of treaty rights.

with respect to your own position:
I will be facing a similar situation soon, and believe that when your wife takes on British nationality, you lose your claim to residence as a family member of an EEA national. There is a special category of spousal visa/ residence permit under UK law that you will be able to claim as the spouse of a British national who is already in the UK (google it on the HO website). Perhaps someone else can advise on whether you qualify for ILR under national law. Would certainly be interesting to know whether you could claim ILR through the 10 year route.

Hello everyone and thanks in advance who help me through out , I have a question, my wife received PR ,she can apply for British passport after naturalization ,she is here from 9 years so she don't need to wait another year to apply for naturalization, but what will happen to my status as it will expire expire in 2019,I mean once my wife become British ?I will apply for ilr or pr ?or can I apply for ilr through 10 year legally stay in uk after she became British ?

[afridi24]

Thanks for replying, so we will aply for new visa ?We didn't think about this ,but once my wife become British I will lose all the rights ,this is I am thinking either leave her status like this or if beneficial then she will apply for British passport ,but I think she don't need to wait another year as she is in uk from 9 years ?

[herald2839]

re your wife: the correct issue to focus on is not how long your wife has been in the UK for, but whether she has exercised 5 continuous years of treaty rights, and when she completed her five year period. The one year of "permanent residence" needed to naturalize starts ticking whenever your wife completed her 5 continuous years of exercise of treaty rights.

re yourself: if your wife is no longer an EEA person (a dual British national does not qualify), then you are not a family member of an EEA national. Your residence permit is only valid as long as you are a family member of an EEA national. Therefore you need to apply for some other basis to stay in the UK.

Thanks for replying, so we will aply for new visa ?We didn't think about this ,but once my wife become British I will lose all the rights ,this is I am thinking either leave her status like this or if beneficial then she will apply for British passport ,but I think she don't need to wait another year as she is in uk from 9 years ?

[afridi24]

Right ,so this mean I have to apply again for the visa if my wife become British citizen?one more question do my wife need to work again for naturalization? Because she is not working anymore as she is housewife and looking after baby and I am working ,,,if becoming my wife a British citizen gonna give me another headache then it's better my wife just hold PR till 2019 ?We had few times problem with benefits stop as they mentioned that eu national can't apply for benefits etc so we apply for Pr to not face future headaches,

[herald2839]

Right ,so this mean I have to apply again for the visa if my wife become British citizen?

Yes, you need to apply for a new and separate visa.

one more question do my wife need to work again for naturalization? Because she is not working anymore as she is housewife and looking after baby and I am working ,,,

I don't believe being in work is a requirement for naturalization, but this is a matter of national (UK) rather than EU law, so you should double-check (perhaps on the appropriate forum).

if becoming my wife a British citizen gonna give me another headache then it's better my wife just hold PR till 2019 ?We had few times problem with benefits stop as they mentioned that eu national can't apply for benefits etc so we apply for Pr to not face future headaches,

Truth be told, for your purposes it is probably easier for your wife to simply hold on to PR until 2019 (or however long it takes you to qualify for PR, which is NOT necessarily 5 years from the date your RC was issued) and then naturalise. The only benefit of her naturalizing now (as far as I can see/speculate) is that it may allow you to naturalise (as the spouse of a UK national) earlier than otherwise. With respect to benefits, an EEA PR is by law entitled to all the same benefits as a British citizen so this shouldn't be an issue.

[afridi24]

Thanks for helping, yes that's true because my wife said if she became British citizen then from where we will show 18600 to apply for my new visa ,so in this is why she rather hold PR ,but if I don't need to show 18600 for new visa then I will get British citizen for her ,I was thinking to get British passport would be a good idea ,my daughter is already British