PR of dual citizen partner

[johnkk]

I'm an EEA national who has acquired PR in the UK (and DCPR). Within the next few months, should I want to, I could apply for naturalization and eventually become a dual British & EEA citizen.

My Partner is already a dual citizen: EEA & Canadian, and has been living in the UK with myself for almost 3 years (entered and working on the EEA status, not a visa).

My questions are related to the route my partner could take towards PR in the UK: what would be the fastest and how does that depend (if it does) on my citizenship and my status as partner.

I know that the basis here is that my partner, as an EEA national, could acquire PR after 5 qualifying years in the UK and eventually apply for naturalization after one more year (leaving Brexit aside).

This thread is about exploring other options and possibilities.

• Could I sponsor my partner as an EEA citizen myself? What difference would that make?
• What if I become British citizen through naturalisation? Would that affect things?
• Since I will also retain my EEA citizenship, does the fact that I'd also acquire British citizenship really matter?
• Would it be beneficial to my partner if I refrain from applying for naturalization for some period?
• Does my partner's dual citizenship status matter in all this?

[noajthan]

I'm an EEA national who has acquired PR in the UK (and DCPR). Within the next few months, should I want to, I could apply for naturalization and eventually become a dual British & EEA citizen.

My Partner is already a dual citizen: EEA & Canadian, and has been living in the UK with myself for almost 3 years (entered and working on the EEA status, not a visa).

My questions are related to the route my partner could take towards PR in the UK: what would be the fastest and how does that depend (if it does) on my citizenship and my status as partner.

I know that the basis here is that my partner, as an EEA national, could acquire PR after 5 qualifying years in the UK and eventually apply for naturalization after one more year (leaving Brexit aside).

This thread is about exploring other options and possibilities.

• Could I sponsor my partner as an EEA citizen myself? What difference would that make?
• What if I become British citizen through naturalisation? Would that affect things?
• Since I will also retain my EEA citizenship, does the fact that I'd also acquire British citizenship really matter?
• Would it be beneficial to my partner if I refrain from applying for naturalization for some period?
• Does my partner's dual citizenship status matter in all this?

1) Yes, until you become British.
No difference.

2) Yes, see #1

3) YES, see #2
If British, you will not be considered as an EEA national under relevant UK law and this is even before Brexit

4) Maybe. How strong is their case as Union citizen in own right?

• Exercising treaty rights/qualified person?
  Prolonged absences from UK?
  Student - with/without CSI?
  A2/A8 national?? - with/without WRS (if applicable) & etc?

5) No, not one iota. UK is a broad church.

[johnkk]

1) Yes, until you become British.
No difference.

2) Yes, see #1

3) YES, see #2
If British, you will not be considered as an EEA national under relevant UK law and this is even before Brexit

4) Maybe. How strong is their case as Union citizen in own right?

• Exercising treaty rights/qualified person?
  Prolonged absences from UK?
  Student - with/without CSI?
  A2/A8 national?? - with/without WRS (if applicable) & etc?

5) No, not one iota. UK is a broad church.

Thank you for the answer. So my current understanding is this:

a. My partner will apply as an EEA national for UK PR (so 5y needed at minimum). None of the above lowers the 5y requirement.
b. If I am still non-British at the end of my partners 5y period, my 'sponsoring' would only have the effect to drop the 12month requirement after PR and before naturalization.
c. My partners case for PR, as of today: 3 years of UK residence, no significant absences, not A2/A8. Fully working 2 years and 3 months. Looking for work for 3 months before that. The first 6 months prior to that were a bit more complex, as they involve being a student and working remotely in France, while residing in the UK with me. That might be tricky to justify to HO. Not sure about CSI for those first 6 months either.

[noajthan]

Thank you for the answer. So my current understanding is this:

a. My partner will apply as an EEA national for UK PR (so 5y needed at minimum). None of the above lowers the 5y requirement.
b. If I am still non-British at the end of my partners 5y period, my 'sponsoring' would only have the effect to drop the 12month requirement after PR and before naturalization.
c. My partners case for PR, as of today: 3 years of UK residence, no significant absences, not A2/A8. Fully working 2 years and 3 months. Looking for work for 3 months before that. The first 6 months prior to that were a bit more complex, as they involve being a student and working remotely in France, while residing in the UK with me. That might be tricky to justify to HO. Not sure about CSI for those first 6 months either.

a) Yes. Correct.

b) Correct, to facilitate a section 6(2) BNA application.

c) All good.
Up to 6 months away (in a 12 month period) does not break continuity of residence in UK.

In fact a one-off absence of up to 12 months could be accepted for such an exceptional reason as study leave.
And by having the foresight to study abroad no proof of CSI is required.

Yes, free movement really is that laissez faire and free and easy; why anyone would ever do away with it is beyond me.

[johnkk]

c) All good.
Up to 6 months away (in a 12 month period) does not break continuity of residence in UK.

In fact a one-off absence of up to 12 months could be accepted for such an exceptional reason as study leave.
And by having the foresight to study abroad no proof of CSI is required.

Yes, free movement really is that laissez faire and free and easy; why anyone would ever do away with it is beyond me.

Small misunderstanding/clarification here: There was no time away from the UK. My partner was essentially working as an intern for a French company in France while finishing a French Uni MSc. Then decided to move in the UK and continued working remotely for a 6 month period (getting paid in France etc). That's why I think that 6 month period would be tricky to justify as part of the Qualifying years in a future PR application. Not sure if the qualified worker status covers such type remote of work.

[noajthan]

Small misunderstanding/clarification here: There was no time away from the UK. My partner was essentially working as an intern for a French company in France while finishing a French Uni MSc. Then decided to move in the UK and continued working remotely for a 6 month period (getting paid in France etc). That's why I think that 6 month period would be tricky to justify as part of the Qualifying years in a future PR application. Not sure if the qualified worker status covers such type remote of work.

In that case forget the first 6 months and consider partner's PR clock probably started at the next stage of the adventure.

With all this wild talk of Brexit it may be prudent for partner to apply for a RC in the meantime - via form EEA(QP).

[secret.simon]

free movement really is that laissez faire and free and easy; why anyone would ever do away with it is beyond me.

You've answered your own question, Noajthan. It is precisely because it is so laissez-faire and free and easy that people would want to do away with it. Things that are laissez-faire and free and easy tend to create chaos, precisely due to the lack of governance and regulation. Think laissez-faire free trade, great for trade and economies, but terrible for the people involved in jobs moving around suddenly.