Does the student visa affect my family member status?

[BBQrabbit]

Hi, I put my question in this forum weeks ago regarding to how long I should wait for the PR. I've got quite nice replies. Thanks a lot!

Recently I checked my passport coz it needs to renew, and I found there is a point that I forgot to mention in my last question.

I got married with my Spanish husband in 2005 in the UK. Before that, I always held a student visa in the UK from 2003. After our marriage, I extended my student visa once because at that time I don't know I could get a family member residency, and also my husband was not in the UK during that 2 months (when my student visa expired). My supervisor was willing to sponor me for the student visa extension so I did it.

Then in 2006, nearly one year after our marriage, I got the Residence Card as an EU family member. My question is that : Does the student visa affect my status as an EU family member in the UK? Should I just ignore the student visas and apply for the PR after 5 years after the marriage?

Many Thanks!

[vinny]

Students may qualify for ILR after ten years under legal long residence. However, as a non-EEA family member of an EEA national, you would qualify for PR before. So, just ignore the student visas.

[Directive/2004/38/EC]

Your husband is Spanish and you married in 2005.

You will automatically have PR 5 years after your marriage. The Residence Card is just a confirmation of your status in the UK, and the date it was issued on or applied for does not matter to anything. You do not have to apply for PR, though you can apply for a card that confirms you have it.

In 2010 you will have PR.

One year later you could then apply directly for British citizenship, as you will have resided legally in the UK for 5 years and have had PR for one year.

[BBQrabbit]

Thanks a lot, Vinny and Directive! Your answers are quite clear and helpful to me.

By the way, my husband is gonna apply for British citizenship (after he passes the UK knowledge test). Will there be any influence to me if his status changes? I know I would apply for the citizenship immediately after I get PR , provided my husband is British. But before this, can I say that I still need his Spanish stauts to apply for PR under the EU law?

Thanks again!

[Directive/2004/38/EC]

It does not matter when your husband gets his UK citizenship, although it saves you a year if he gets it before your PR date.

Once again, you get PR automatically (with no application) after 5 years (assuming he is working). What you apply for is a sticker in your passport that confirms that you have it. You can apply for citizenship without having the sticker.

If I were you, at a day after 5 years and assuming your husband already has his UK citizenship, I would get a lawyer-certified copy of my passport and use that to apply for my nationality. If you want, you can then send off to get the EU based Permanent Residence Card.

[sakura]

Thanks a lot, Vinny and Directive! Your answers are quite clear and helpful to me.

By the way, my husband is gonna apply for British citizenship (after he passes the UK knowledge test). Will there be any influence to me if his status changes? I know I would apply for the citizenship immediately after I get PR , provided my husband is British. But before this, can I say that I still need his Spanish stauts to apply for PR under the EU law?

Thanks again!

Is he aware that he may have to renounce his Spanish citizenship to become a British citizen? Is he willing to do this?

[BBQrabbit]

If I were you, at a day after 5 years and assuming your husband already has his UK citizenship, I would get a lawyer-certified copy of my passport and use that to apply for my nationality.

Really really grateful for your valuble inofmation, Directive!

But if I apply for the Nationality without applying the comfirmation of PR, why do I need to get a lawyer-certified copy of my passport ? What's that used for? Can I just send my passport to Home Office directly?

Thanks!

[BBQrabbit]

Is he aware that he may have to renounce his Spanish citizenship to become a British citizen? Is he willing to do this?

Thanks, It seems a problem to us. My husband does not really care about use which nationality indeed, coz he's been in the UK for quite a long time. But if he gets British nationality then he has to renounce the Spanish one. The problem is that if he's lost the Spanish status, will I still be regarded as an EU family and get PR automatically after 5 years of marriage?

[Directive/2004/38/EC]

But if I apply for the Nationality without applying the comfirmation of PR, why do I need to get a lawyer-certified copy of my passport ? What's that used for? Can I just send my passport to Home Office directly?

If you send your passport off with the application, it might get lost (small chance), you will not be able to prove your right to work in the UK, and you will not be able to travel while your application is processed. Sometimes the applications for nationality in the Uk can take up to a year (though many people are processed in a few months). Processing time depends on your existing citizenship often.