So Confused Brexit citizenship/ILR spouse of British husband

[tastylentils]

Hi there, could anyone please straighten a few things out for me? After the Brexit result my head has been swimming with the dire possibilities of what may/may not happen regarding my family.

My situation is, I'm British and my wife is of Chinese nationality who has EEA permanent resident card based on being a spouse of European citizen (we were in Ireland for a time). Anyway, she's got the card that lasts up until 2020. She's also pregnant with baby due in november. Like many people I'm wondering what this means for us. I'd really appreciate it if someone knowledgeable could comment on the following thoughts.

1. I think that her present resident card is not going to be challenged, I can't really see anybody taking it off her.

2. My understanding is that because she's the wife of a British citizen she can apply for British citizenship after being in the country for 3 years providing she does the English test and knowledge of British life thing.

3. That when the baby is born here it will have automatic British citizenship as I the father have British citizenship.

4. Under present situation I'm really unsure if they would grant her another 5 year resident card. Probably by that time we are no longer part of the European Union and the powers that be can do what they like.

Anyway, those are my thoughts. I'd be grateful if you guys could comment on them and hopefully point the way forward for me. Many thanks.

[Casa]

Hi there, could anyone please straighten a few things out for me? After the Brexit result my head has been swimming with the dire possibilities of what may/may not happen regarding my family.

My situation is, I'm British and my wife is of Chinese nationality who has EEA permanent resident card based on being a spouse of European citizen (we were in Ireland for a time). Anyway, she's got the card that lasts up until 2020. She's also pregnant with baby due in november. Like many people I'm wondering what this means for us. I'd really appreciate it if someone knowledgeable could comment on the following thoughts.

1. I think that her present resident card is not going to be challenged, I can't really see anybody taking it off her.

2. My understanding is that because she's the wife of a British citizen she can apply for British citizenship after being in the country for 3 years providing she does the English test and knowledge of British life thing.

3. That when the baby is born here it will have automatic British citizenship as I the father have British citizenship.

4. Under present situation I'm really unsure if they would grant her another 5 year resident card. Probably by that time we are no longer part of the European Union and the powers that be can do what they like.

Anyway, those are my thoughts. I'd be grateful if you guys could comment on them and hopefully point the way forward for me. Many thanks.

1. There should be transitional arrangements for those already in the UK, but too early to confirm what they would be.

2. Everyone needs to have permanent residence (PR or ILR) before qualifying for BC. Your wife will have to complete 5 years of residence in the UK before she acquires PR. Once she has this she can apply immediately for BC without waiting an additional year as she has a British spouse and will have complied with the 3 years of residence within the 5 year period.

3. Yes

4. Why would your wife need to apply for an additional 5 years RC? She would qualify for PR after completing the initial 5 year period.

[tastylentils]

Hi Casa thanks very much for your reply.

I'm not really clear on the 5 years residency. Initially this was my thought but I did some googling before posting the message and I cam across this webpage at gov.uk https://www.gov.uk/becoming-a-british-c ... sh-citizen

On this page there is no mention of 5 years at all. It states "lived in the UK for at least the 3 years before your application is received" and must have a permanent resident card. Is this website genuine? I thought it was official government advice.

Regarding re-application of the card after 5 years, it was my understanding that before the old card runs out an application must be made for a new card.

Hope someone can clear these points up for me. Thanks very much

[vinny]

Assuming that your wife is in the UK under Surinder Singh, she may apply for confirmation of PR after completing 5 years in the UK. Subsequently, she may naturalise.

[Richard W]

4. Why would your wife need to apply for an additional 5 years RC? She would qualify for PR after completing the initial 5 year period.

We're in the realm of speculation here.

I think it is quite likely that she would have to apply for ILR rather than automatically acquire 'permanent residence', which may by then have become merely a historical note as to how ILR was obtained.

Regarding re-application of the card after 5 years, it was my understanding that before the old card runs out an application must be made for a new card.

Fact: At present, that's not required for direct family members (e.g. spouses), and I suspect one may have to wait for 5 years of lawful residence to accrue before applying for permanent residence.

Speculation: However, I would not be the least bit surprised if residence cards and certificates became mandatory visas, and such an overlap would then be required.

[noajthan]

Hi there, could anyone please straighten a few things out for me? After the Brexit result my head has been swimming with the dire possibilities of what may/may not happen regarding my family.

My situation is, I'm British and my wife is of Chinese nationality who has EEA permanent resident card based on being a spouse of European citizen (we were in Ireland for a time). Anyway, she's got the card that lasts up until 2020.

...

1. I think that her present resident card is not going to be challenged, I can't really see anybody taking it off her.

2. My understanding is that because she's the wife of a British citizen she can apply for British citizenship after being in the country for 3 years providing she does the English test and knowledge of British life thing.

...

Anyway, those are my thoughts. I'd be grateful if you guys could comment on them and hopefully point the way forward for me. Many thanks.

Where was this EEA permanent resident card issued? In UK or Eire?
Do you mean permanent? If so do you mean that wife has PR already?

if wife has already lived in UK for 5 years with you (since around 2005 perhaps?) and so acquired PR around 2010(?) and was issued her 'confirmation of PR' card then all good.
What are you waiting for, wife may shoot for privilege of citizenship as soon as all other requirements have been or can be met.

The 3 years residence as spouse applying as the spouse of a BC is already subsumed into the time you have lived here in UK.
As spouse of BC there is no need to wait an additional 12 months after acquiring settled status (PR).

Check the guidance for an application under section 6(2) of BNA:
https://www.gov.uk/government/uploads/s ... e_2016.pdf

[tastylentils]

Sorry I think I've been confusing everyone and myself. Just to clarify then, last year my wife filled out an EEA FM application in the uk and in due course received a uk residence card. What I think everyone is saying is that this residence card isn't permanent residence, and so being legally resident here for three years, say between 2015-2018 doesn't count, is that correct?

[noajthan]

Sorry I think I've been confusing everyone and myself. Just to clarify then, last year my wife filled out an EEA FM application in the uk and in due course received a uk residence card. What I think everyone is saying is that this residence card isn't permanent residence, and so being legally resident here for three years, say between 2015-2018 doesn't count, is that correct?

Correct.
A FM card ie a RC is not the same as a 'confirmation of PR' card.

So wife needs to have come back with you from someplace in Europe (after doing SS together) and now simply needs to reside in UK for 5 years (whilst staying married to you ofcourse) in order to automatically acquire PR.
As a BC you do not need to exercise treaty rights back in UK.

Wife then applies for a confirmation of PR card once she has served her 5 years.

Once PR is confirmed, wife could then apply immediately for the privilege of citizenship (assuming she's been working at meeting the other requirements in the meantime).
This is because the 3 years residency is subsumed in the 5 years taken to acquire PR;
and, as you are a BC, spouse doesn't need to have held settled status (PR) for a further 12 months.

Holy grail of British passport is a final, separate application after all of the above.

Not sure of your timeline but if wife doesn't have time to acquire PR before UK leaves EU then she (and thousands of others) will have to rely on the British sense of fair play and any transitional arrangements that may be put in place.
(Having a valid RC is often a significant factor in qualifying for such an arrangement).

[Casa]

I'm not sure what you mean by 'doesn't count'? Your wife doesn't currently have a permanent resident card. She will qualify for that at the end of her 5 year period, which from your post appears to be 2020. After receiving formal confirmation through the application and the issue of a PR card, under current regulations she will be able to apply immediately for British citizenship. Although only 3 years of residence is required for a spouse of a BC, acquiring permanent residence firs is mandatory and this takes 5 years.

Edit: Beaten by noajthan with a far more eloquent explanation.