NON EEA SPOUSE OF UK resident IRISH CITIZEN

[kalone]

Hi,
I need help and clarification. I am married to an Irish citizen who has been living in the UK for about 18 years. I got married in 2004 and obtained the Non EEA 5 years residency which expires in 2009.

My husband is frustrated that I need to apply for visas to visit Ireland, schengen or Eastern Europe anytime we need to travel.

He wants to know if he obtains a British passport I would be able to get a British passport before 2009.

Is it possible for me to apply for an ILR immediately (say in 2008) after he gets a british passport though I would have been here legally for 4years?

Would i need to go through the spouse visa route for a British Citizen?Or will they consider that I have been here for more than 3 years and can apply for the ILR?

Thank you so much for your anticipated responses.

[sakura]

What country are you from?

This thread might help you: http://www.immigrationboards.com/viewtopic.php?t=17528

reading in particular JAJ's comments carefully.

[kalone]

Thanks for your response. I am from Nigeria.

[kalone]

I have read the thread. I would just like to confirm that even if he gets the British passport, I will only be eligible to apply for British citizenship after living in the UK for 5 years? Does the thre year rule not apply?
Thanks

[JAJ]

I have read the thread. I would just like to confirm that even if he gets the British passport, I will only be eligible to apply for British citizenship after living in the UK for 5 years? Does the thre year rule not apply?
Thanks

You need to have ILR first. If you had come to the U.K. on the domestic spouse visa route (for which Irish citizens can sponsor) then you would have been eligible for ILR after 2 years (ie, in late 2006) and if your husband had become British meanwhile, then citizenship a year later.

As things stand you will get permanent residence on the EEA track in 2009, and will be eligible for British citizenship one year later.

If your husband does become a British citizen, you can bypass the need for having ILR/PR by using the "ppron method" to become naturalised British.

[kalone]

Thanks a lot for taking time to reply.

Is it possible to switch to UK route?

Can I apply for ILR when he becomes a British Citizen in 2008? or I must wait till 2009 to apply for ILR/PR?

Thanks

[Docterror]

You cannot switch in-country to the UK route. You will have to leave and then apply and then spend 2 years on it, effectively taking the time of your ILR to 2009. So, there is no point in doing it.

The best thing to do here would be to use the 'ppron method' once your husband becomes a BC.

[kalone]

Thanks a lot for your patience in answering my questions. I will do as advised.

You are providing an invaluable service. Well done!!