EU husband got British Citizenship

[AnnaGreen]

Hi Everyone,

My husband EU Citizen and recently he got his British citizenship.
We married since 2013, I'm non-EU and at the moment holding 5 years resident permit.

Now after my husband got British citizenship I'm wondering how should I apply for my citizenship. As far as I know if you married to British then you can apply after 3 years. Or do I need to wait and apply as a spouse of EU Citizen?

I'm completely confused. Can you please clear this situation for me.

Thank you!

[Casa]

You're in a slightly sticky situation as now that your husband has been granted British citizenship he can no longer sponsor you under the EEA route. It would have been wiser to wait until you had acquired PR.

My understanding is that you will have to apply for a spouse visa under the UK Immigration Rules. This however will re-set your immigration clock to zero, putting you on a new 5 year path to ILR. There are also tougher financial and language conditions under the UK rules.

ILR or PR is a requirement before you can apply for British citizenship.

You should take immediate action to resolve your residency situation, as at present you have lost your right to reside in the UK.

[noajthan]

Hi Everyone,

My husband EU Citizen and recently he got his British citizenship.
We married since 2013, I'm non-EU and at the moment holding 5 years resident permit.

Now after my husband got British citizenship I'm wondering how should I apply for my citizenship. As far as I know if you married to British then you can apply after 3 years. Or do I need to wait and apply as a spouse of EU Citizen?

I'm completely confused. Can you please clear this situation for me.

Thank you!

This is a mistake.

The '3 year rule' only applies to residence in UK (for those with British spouse), its not about gaining settled status which still takes 5 years.

Unfortunately, hubby cannot sponsor you any more.
And if only married/in UK since 2013 you will not have acquired PR status yet.

You will most likely have to switch to UK domestic route (spouse visa) and settlement clock will have to start up again.

[AnnaGreen]

My husband still having his eu citizenship. Why it should affect me if he still have it?

[Casa]

My husband still having his eu citizenship. Why it should affect me if he still have it?

Due to the fact that for immigration purposes he is now only considered to be British.

[noajthan]

My husband still having his eu citizenship. Why it should affect me if he still have it?

Because UK does not recognise someone as being an EU citizen (in immigration context) if they are also British.
Yes, that's the case even before Brexit.

And you are too late to qualify for the McCarthy transitional arrangement that would have got you off the hook (if you had been married, present in UK and had had a RC up to or during 2012).

[AnnaGreen]

So what do I need to do now? Do I need to go out from the country and apply for different visa ? Im working here...

OMG did not expect anything like this...

[noajthan]

So what do I need to do now? Do I need to go out from the country and apply for different visa ? Im working here...

OMG did not expect anything like this...

Don't be too hard on yourself, you aren't the first, probably not the last.

You don't need to move, you can probably apply for a spouse visa from within UK.

But were you in UK on any other basis before marriage in 2013? Its a longshot but did you have any other EEA sponsor?

[MrsGreenside]

Because UK does not recognise someone as being an EU citizen (in immigration context) if they are also British.

Without the intention of hijacking this thread please could you elaborate on this? Maybe give me a source? Thank you!

[noajthan]

Because UK does not recognise someone as being an EU citizen (in immigration context) if they are also British.

Without the intention of hijacking this thread please could you elaborate on this? Maybe give me a source? Thank you!

Easy find on Gov UK website and published HO guidance - again readily reachable via Google. I'm on cellphone and cannot indulge you just now.

[AnnaGreen]

So what do I need to do now? Do I need to go out from the country and apply for different visa ? Im working here...

OMG did not expect anything like this...

Don't be too hard on yourself, you aren't the first, probably not the last.

You don't need to move, you can probably apply for a spouse visa from within UK.

But were you in UK on any other basis before marriage in 2013? Its a longshot but did you have any other EEA sponsor?

Moved here in 2013 to join my husband. He is my only eea sponsor

[Casa]

Because UK does not recognise someone as being an EU citizen (in immigration context) if they are also British.

Without the intention of hijacking this thread please could you elaborate on this? Maybe give me a source? Thank you!

Easy find on Gov UK website and published HO guidance - again readily reachable via Google. I'm on cellphone and cannot indulge you just now.

This article explains the situation: (Substitute UKVI for the now disbanded UKBA reference)

https://eumovement.wordpress.com/2012/0 ... y-british/

Note in particular the paragraphs:
This rule also has significant implications for any EU citizen who decides to naturalize as a British citizen. Once naturalized, EU free movement law will no longer apply to their family members. Any family member will be required to enter the UK on the basis of traditional British law.

A Polish worker in the UK who naturalizes to be British after working and living in the UK for 6 years may be surprised to find that because of naturalizing, UKBA has disqualified them from using the free movement options they should have to bring their elderly parent(s) to the UK.

[noajthan]

Don't be too hard on yourself, you aren't the first, probably not the last.

You don't need to move, you can probably apply for a spouse visa from within UK.

But were you in UK on any other basis before marriage in 2013? Its a longshot but did you have any other EEA sponsor?

Moved here in 2013 to join my husband. He is my only eea sponsor

Last chance on EU route, had you submitted an application for an EEA Family Permit as the family member of an EEA citizen before 16 July 2012

[noajthan]

HO guidance here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 45+

[AnnaGreen]

The answer about citizenship arrived today only. My husband did not attended ceremony yet

[noajthan]

The answer about citizenship arrived today only. My husband did not attended ceremony yet

Then you have a hard choice to make.

Hubby is still EEA-only and so is able to sponsor you until after the ceremony.
And you won't acquire PR status until 5th wedding anniversary.

[AnnaGreen]

Can someone tell me for which visa I will need to apply?
Do I need to go out from uk or I can apply from here?
What about my job? Can I still work while I'm switching from one visa to another

Honestly I'm lost..

[Casa]

I know that this must have come as something of a shock.

The EEA permit isn't a visa which is part of the issue and as soon as your husband is granted BC it will be invalid.

I'm not sure whether you can switch to the UK Immigration Rules by applying for a spouse visa from within the UK, but hopefully others may be able to advise further on this.

A FLR(FP) Partner route application may work, but it would be a 10 year route to settlement (ILR).

Does your husband earn £18,600 p.a? You would also need to pass the A1 English test from an approved test provider, unless you are under one of the exempt
categories.

[AnnaGreen]

I know that this must have come as something of a shock.

The EEA permit isn't a visa which is part of the issue and as soon as your husband is granted BC it will be invalid.

I'm not sure whether you can switch to the UK Immigration Rules by applying for a spouse visa from within the UK, but hopefully others may be able to advise further on this.

A FLR(FP) Partner route application may work, but it would be a 10 year route to settlement (ILR).

Does your husband earn £18,600 p.a? You would also need to pass the A1 English test from an approved test provider, unless you are under one of the exempt
categories.

Why 10 year route? Why not 5 year one?

[Casa]

Because you don't meet the requirements under the UK Immigration Rules for the 5 year route under FLR(M).

FLR(FP) Partner (10 year route) is for those who are unable to meet the FLR(M) requirements for partners but may qualify for an Exception under the Appendix FM.

You would have to show that there are “insurmountable circumstances” which prevent you from living outside the UK. Each case of a FLR(FP) application is considered on an individual basis.

The visa fee is £811 (postal) + the NHS surcharge of £500. If granted, the initial visa would be for 2.5 years.

[Casa]

When weighing up whether to apply for a spouse settlement visa from outside of the UK, or the lengthier (and more risky) FLR(FP) visa it would be worth bearing in mind that once your current EEA permit becomes invalid you will no longer be able to continue in employment until you have been issued with a valid visa.

[AnnaGreen]

Because you don't meet the requirements under the UK Immigration Rules for the 5 year route under FLR(M).

FLR(FP) Partner (10 year route) is for those who are unable to meet the FLR(M) requirements for partners but may qualify for an Exception under the Appendix FM.

You would have to show that there are “insurmountable circumstances” which prevent you from living outside the UK. Each case of a FLR(FP) application is considered on an individual basis.

The visa fee is £811 (postal) + the NHS surcharge of £500. If granted, the initial visa would be for 2.5 years.

Which requirements I don't meet for 5 years route?

[Casa]

You don't hold a current visa issued under the UK Immigration Rules.

FLR(M) is an application to extend (or switch from) a valid visa.

[instant_goldfish]

This is just my opinion formed from what has been said in the thread so far and I'm not guaranteeing anything, but I think you two should seriously consider the option of your husband not attending the citizenship ceremony. You would waste the citizenship fee, but it seems like it would still end up saving you money overall, not just from application fees but from potentially losing your right to work.

[noajthan]

This is just my opinion formed from what has been said in the thread so far and I'm not guaranteeing anything, but I think you two should seriously consider the option of your husband not attending the citizenship ceremony. You would waste the citizenship fee, but it seems like it would still end up saving you money overall, not just from application fees but from potentially losing your right to work.

Yes, OP has hard choice to make.