naturalisation - any implications for partner with EEA2??

[31gstonepark]

hi there

I wonder if someone can advise. I am an EEA national working living in the UK. holding permanent residence for two years now. my husband is non-EEA national. has just got his permission as a spouse of EEA national. I am considering applying for naturalization as British. Would my husbands rights to stay in the UK change in any way whatsoever should I get UK passport? I cant do dual citizenship as my country of origin does not allow it.

could anyone please advise??? regards


many thanks

[Plum70]

If your country does not allow dual citizenship then, yes, you naturalising will be disadvantageous to your non-EEA spouse for the ffg reasons:

If you become British you will lose your other EU nationality which means that your non-EEA spouse will no longer be able to rely on EU law and you exercising treaty rights as a EU national (of a member state other than the UK) to stay in the UK.

Your spouse will not be able to switch in-country to a UK spousal visa because they do not currently have UK entry clearance but a residence card under EU law. They will need to return to their country of origin to apply for a UK spousal visa which comes with a sizeable price tag.

Bottom line: For a simpler, cheaper route, stay on PR for as long until your spouse attains PR under EU law and then you (both) can naturalise.

[Obie]

If that is the way UKBA interpretes community law, then it is obviously wrong and contrary to community law, and the principle that community law has to be read in line with Article 8 of the convention or Article 7 of fundamental right.

Furthermore the right of Permanent Residence for Union Citizens is lost only after an absence of more than 2 years from the host memberstate. It cannot be right that as a result of securing citizenship of the Host state, one looses their right under the directive.

The situation of people who secure citizenship should be assimilated to that of Surinder Singh beneficiaries. It cannot be held against such people, that they never exercised their right of freemovement in another memberstate.

The fact that it was pre- citizenship acquisation is irrelevant in my view

[31gstonepark]

Somehow surprised to see the reply of PLUM 70. My husband got his residence card for 5 years whilst I was an EU citizen and should I choose to become British, which I am eligible for, he will lose all his rights?!

I cant believe this to be correct.
“It cannot be right that as a result of securing citizenship of the Host state, one looses their right under the directive.” – totally agree with Obie.

But this is a very serious matter for me to decide and would appreciate if someone could advise further on the matter.

[toni34]

your answer lies in the law of Equity.but you wont believe me but it is true.
"Equity aides the vigilant" it means you will never be penalize for doing the right thing,so you wont lose your right as an eea national,even if you nationalise as a BRITISH citizen.No court will rule otherwise.

[Obie]

Plum70 may well be very correct, that such is the practice of UKBA.

They might well extract confidence from a distorted reading of McCarthy.

However, i believe such practice will not stand judicial scrutiny.

Therefore i am not saying, Plum70 is wrong, as UKBA does very weird things at times, but it is difficult to see such policy succeeding.

[seifeddine]

hello every one
im a family member of an EEA my first visa in 2012 based on 2 years route ... in 2014 i guaranteed ILR
m i able to apply for naturalisation
thanx in advance

[omonile]

Hi seffieddine, pls kindly take your query to the right section,this is a very important we clarify issue raised by the respondent.thanks

[seifeddine]

sorry