EU family

[arturpl]

Hello. I am hoping to get some advise as heard so many different opinions. Quick description:

We are both EU citizens and lived in the UK since 2006. With us came my wife son age 6 (my stepson). In 2009 we got married In the UK and my wife gave birth to our son (born in the UK). In 2013 I have applied for DCPR only myself as my wife had no work and was staying home looking after the youngest one. I have gained DCPR in Oct 2013. In November 2016 I have applied for British Citizenship. My question if successful with my naturalisation will my wife in the future as EEU citizens have to give 3 years evidence when applying for naturalisation only. And how this can affect our kids both EU citizens. Or if she will not apply will my British citizenship help post Brexit in situation where I will be only one being British and wife and kids still EU.

Thank you in advance.

[secret.simon]

See this thread for more information on the impact of acquisition of British citizenship on the ability of EEA citizens not being able to sponsor family members.

[arturpl]

In what way sorry????

[arturpl]

She is self employed since August 2016. But as EU citizen she still can legally work and live in the UK even if I will become British?

[secret.simon]

If she is working, then indeed, she continues to exercise treaty rights on her own.

The tenor of the original question suggested that she is not exercising treaty rights on her own. After your acquisition of British citizenship, she could not remain dependent on you if she was not exercising treaty rights on her own.

Even after your acquisition of British citizenship, your wife will still need to acquire permanent residence, which still takes five years.

The earlier thread explains the difference between the requirements of PR and of British citizenship in more detail.

[arturpl]

I have checked thread you mention above. As EU citizen I cant sponsor her anyway as she is EU too. If she would be none EU then it would complicate things as I will not be able to sponsor her. But according to HO EU citizen can't sponsor EU citizen only none EU.

[arturpl]

Advise please. As I can't sponsor her anyway as she is EU so do I.....thread mention above is about none EU citizen.

[Casa]

If one EU family member is not qualifying by exercising their Treaty rights through employment or study for example, they can be sponsored by the EU family member who is qualifying.

[arturpl]

Casa please. So my British citizenship can affect our future in the UK? So my 6 year old,wife and her step son can have trouble in the future if I will gain citizenship. Forgetting about them gaining British citizenship....if yes the I will withdraw my application and rather lose my money

[noajthan]

Wife and stepson may have acquired holy grail of PR status as early as 2014 ie with you as sponsor.

It was an oversight not to include them in confirmation of application (DCPT)..
All is not lost, they may apply for confirmation of PR if you have adequate evidence from that time.

UK-born child is ofcourse now entitled to register as BC as you are settled.

With his PR status stepson may apply to register as citizen (at Home Secretary's discretion) as soon as mom naturalises.

However once you become a BC you can't normally sponsor anyone else on EU route (in future).

[arturpl]

Just to add she is self employed now, stepson too (17yo) and 6 year old is at school....how our future can be affected by my British naturalisation.

[noajthan]

Just to add she is self employed now, stepson too (17yo) and 6 year old is at school....how our future can be affected by my British naturalisation.

See above.
You need stepson's application to register filed before age 18. Fortunately he has acquired PR already.

[arturpl]

Not sure if child can apply as at the point when he was born we were not in the UK full 5 years. So my British citizenship only complicates my wife route to naturalisation. If she can experience anything like deportation etc I rather withdraw my application. Family is family...

[noajthan]

Not sure if child can apply as at the point when he was born we were not in the UK full 5 years. So my British citizenship only complicates my wife route to naturalisation. If she can experience anything like deportation etc I rather withdraw my application. Family is family...

UK-born child has entitlement to register as soon as one parent is settled.

No time limit on minors registering at discretion and stepson has been in UK for years anyway.
So don't worry about 5 years.
Read the BNA.

And wife/stepson have PR as explained.

[arturpl]

Settled. In what way as thought if child is born in the UK to none British parents they need to be pernament residents....unless I am wrong...but my son has also polish citizenship as we register his birth to polish parents in Poland. I thought at this point he needs to thrugh naturalisation (??) Guys you so helpful here..

[noajthan]

Settled. In what way as thought if child is born in the UK to none British parents they need to be pernament residents....unless I am wrong...but my son has also polish citizenship as we register his birth to polish parents in Poland. I thought at this point he needs to thrugh naturalisation (??) Guys you so helpful here..

Settled with PR.
And you say you have DCPR!

[arturpl]

THANKS GOD. So my naturalisation will not affect them at all even if they remain EU citizens and me British. Feel better now.

[arturpl]

I have got DCPR in 2013. Son born in the UK in 2009. I have applied for naturalisation month ago. Please don't get angry it all get clear now. So happy wit that that my wife and stepson automatically got their PR status five years since I married her. Also evidence it's not a problem as I worked in the same company since 2006 without brakes .....you guys amazing here

[arturpl]

NOAJTHAN...THANK YOU SO MUCH !!! Now all clear. So I can peacefuly wait for my naturalisation decision knowing my family status will not be affected as they gained PR in 2014. Never knew my UK born son can be directly registered as British Citizen. And also understand now that becoming British will have no affect on my kids and wife. Minus no one could be sponsored in the future or go though the EU way...but that really does not matter as kids and wife be safe...thank you again so much!!!

[noajthan]

NOAJTHAN...THANK YOU SO MUCH !!! Now all clear. So I can peacefuly wait for my naturalisation decision knowing my family status will not be affected as they gained PR in 2014. Never knew my UK born son can be directly registered as British Citizen. And also understand now that becoming British will have no affect on my kids and wife. Minus no one could be sponsored in the future or go though the EU way...but that really does not matter as kids and wife be safe...thank you again so much!!!

Just be aware, if you proceed to naturalise and EU applications hit problems then you will no longer be able to sponsor them.

So the DCPR applications for wife and stepson based on your past activity in UK have to succeed.
You need to be sure you have the supporting evidence to back your family's applications.

UK-born son is straightforward. If you became settled after he was born then now apply to register him anytime.
On the other hand, if you acquired PR by, say, 2011 and son was born after that then he is British already and may shoot directly for passport.
Good luck.

[arturpl]

Thank you. Never knew my naturalisation might be such a trouble. If I will become British my wife will be still able to apply for DCPR based on me sponsoring her in the past. Looking she worked only in 2006-2008 then depending on me till 2016 August when she started self employed business. What evidence we looking for ? And from what years? As even EU application hit problems I would be on the same boat if would not apply for naturalisation at all. Just looking for best solution and was completely not aware that my naturalisation can do more harm then good Really I should have stick to my PRCD only as now all turns against us. If I will withdraw my application and stick to DCPR (hope they will send it back to me) only can secure them better. Thanks

[arturpl]

So physically nothing changes now until possible brexit...as for now even if I am British she can freely work and live in the UK as she gained PR in 2014 and she is EU. We have for her all council tax bills since 2006, electoral registers etc. Step son was in full time education in the UK since age 6 (now in college and working part time). But if things could go wrong for all EU citizens then that would apply also to me considering I would not naturalise. It's so confusing.

[arturpl]

And only possibilities of Brexit not happening or Britain remaining in free people movement with EU will secure their stay if I am British because there will bo no need to prove I am the main sponsor.

[arturpl]

Some EU citizens or family members may wish to naturalise as British citizens. However, it is important to be careful about this because the UK Government now says that the family members of dual citizens cannot benefit from EU free movement law. This means that any family members from outside the EEA would lose their right of residence in the UK if their EEA family member naturalises as British.


But my family is EU..this what I don't understand....

[noajthan]

So physically nothing changes now until possible brexit...as for now even if I am British she can freely work and live in the UK as she gained PR in 2014 and she is EU. We have for her all council tax bills since 2006, electoral registers etc. Step son was in full time education in the UK since age 6 (now in college and working part time). But if things could go wrong for all EU citizens then that would apply also to me considering I would not naturalise. It's so confusing.

Suggest submit wife's DCPR application asap to confirm her PR status.
As stepson needs to wait until mom has had PR confirmed (so that she can then apply to naturalise) he may as well apply for DCPR too (ie apply for DCPR together);
although he does not have to submit DCPR with an application to register as a minor it can ofcourse help prove status.

And don't forget a minor's registration has to be submitted before age 18.