change of address - curtailment letter

[confusedandsad]

but that is just an article from the evening standard. doesnt appear a decision has been made and the policy doesnt mention anything of this nature.

https://www.gov.uk/government/uploads/s ... -03-17.pdf

Can't see that anywhere in there.

[CR001]

Suggest then wait for the outcome of the decision and for now believe what you wish to.

Post your specific BC/EU citizenship spouse question in the EU migration sub forum and wait for someone to respond then.

Good luck!

[confusedandsad]

I was getting my wording wrong.

My fiance is a spanish citizen (she has spanish passport) and a british resident.

She will apply for citizenship next year and the passport. I was confusing the words.

So can we still go the european route?

[CR001]

You can go the EU route as unmarried if you have rock solid evidence of 2 years cohabitation in a relationship akin to marriage. As an unmarried partner, you have no automatic rights as the partner of a an EU citizen, if you apply in the UK and your visa cancel date has passed, you won't have the right to work either.

If you are married, you have automatic rights.

In either situation, once she becomes British, she cannot sponsor you on the EU route in/to the UK.

[confusedandsad]

I am marrying her. We are setting our wedding sometime int he next 2-3 months.

If I marry her before she becomes a british citizen I am fine right? Or will the spouse visa be cancelled moment she become british citizen aswell even after I have been provided the visa? I assume once you get the visa if my wife becomes british subsequent to me receiving the visa it doesnt get cancelled?

[CR001]

You are missing the point. Even if you get a residence card based on your EU future spouse, as soon as they become British, they can no longer sponsor you under EU rules as they will only be considered British for UK immigration purposes. Your residence card wont therefore be valid.

[confusedandsad]

I am confused.

1. I marry my fiance then;
2. I get a spouse visa approved for 5 years under European law.
3. 6 months later my wife (at this point) gets her British residency

Are you saying at point 3, the moment she gets her british citizenship my visa becomes void and I have to reapply for a new spouse visa under British law>

Is the visa retrospective like this?

[CR001]

Yes, you will have to apply under the UK immigration rules for a spouse visa and meet all the standard requirements, this will be a new 5 year route (2 X 2.5 year visas) before you qualify for ILR.

A EEA residence card is not a visa.

[confusedandsad]

I am confused.

I am given my EEA residence card for 5 years.

My wife at that time applies for citizenship and is given british citizenship.

How will that impact my EEA residence? How will anyone know she is now a british citizen and my EEA permit is void? Is it something that is covered in her application once she applies for residency?

Doesnt make sense how I am supposued to assume such things

[confusedandsad]

My question is:

Once I have been given the EEA residence card, will I not be in possession of it until expiry?

How can they void my EEA residence card? Is this something they do as part of my wifes application process for her british citizenship?

How do they terminate my EEA residence permit?

[CR001]

My question is:

Once I have been given the EEA residence card, will I not be in possession of it until expiry? You could, you might get away with it. Traveling in and out the UK could be interesting though if your spouse is British.

How can they void my EEA residence card? Is this something they do as part of my wifes application process for her british citizenship? You will be unable to apply for PR under the EU route as she will not be able to sponsor you under the EEA rules once she becomes British.

How do they terminate my EEA residence permit? PR refused, questioned when traveling etc. or just writing to you to state it.

[confusedandsad]

But all the above is not certain until the outcome of the reent case is finalised right? As currently, my wife could have European and British citizenship and my EEA visa would not be void? But this could change only dependent on the recent case?

So it seems its better I apply for EEA residence, and then once I get PR my wife applies for citizenship.

Is there a time limit someone can be a british resident? or can my wife remain a British resident for 5 years and then apply for British citizenship once I get PR?