Clarity after brexit advice

[britosbie]

Hi, guys,

On the day (some) of the UK voted to leave the EU, I spoke with the immigration department. They told me all rules were off the table.

Now this is our situation.

I am a British Citizen--obtaining it in 2008. My husband is EU and held a residency permit, according to his permit that after a certain period of time, he was potentially eligible for citizenship - yet we were told that was no longer the case. Immigration also told me that my husband wasn't allowed to apply through me.

Both my children were born in Denmark, one was born when I was a British Citizen, meaning the child became a british citizen by default, yet the other one was born when I wasn't a British Citizen, so was unable to be a British Citizen by default.

They told me this on the day brexit was voted for. They said he had to apply on his own accord, and then add our child to his application.

We're the classic case of family being split down the middle, one child and one adult with British Citizenship, one child and one adult without.

Yet, I've seen online today that spouses married to British Citizens can apply, is this something new?

Could someone clarify?

Thanks for your help.

[Hstepper07]

Hi, guys,

On the day (some) of the UK voted to leave the EU, I spoke with the immigration department. They told me all rules were off the table.

Now this is our situation.

I am a British Citizen--obtaining it in 2008. My husband is EU and held a residency permit, according to his permit that after a certain period of time, he was potentially eligible for citizenship - yet we were told that was no longer the case. Immigration also told me that my husband wasn't allowed to apply through me. It will depend on how long he has been in UK and if he was exercising treaty rights for 5 yrs as a worker, job seeker, self employed, self sufficient person by applying for a DCPR. After Brexit PR may change to settled status and he can still apply for naturalization.
Presently, he can only apply through you under self sufficient category with Comprehensive Sickness Insurance if not, he will apply in his own right. After Brexit we will wait and see but CSI is not going to be applicable

Both my children were born in Denmark, one was born when I was a British Citizen, meaning the child became a british citizen by default, yet the other one was born when I wasn't a British Citizen, so was unable to be a British Citizen by default.

They told me this on the day brexit was voted for. They said he had to apply on his own accord, and then add our child to his application. Correct

We're the classic case of family being split down the middle, one child and one adult with British Citizenship, one child and one adult without.

Yet, I've seen online today that spouses married to British Citizens can apply, is this something new? They can definitely apply but need to have PR first or settled status after Brexit.

Could someone clarify?

Thanks for your help.

[britosbie]

Thanks Hstepper.

He has been here about 20 years, has his own company, employs staff etc. He has full health insurance, is that the same thing as you mention?

He has permanent residency but applied for it years ago, so not sure if its still valid, I didn't see an expiry date on it though, not that it means anything.

Okay, perhaps we try applying the british spouse route once I clarify the status of his permanent residency document.

Thanks.

[Hstepper07]

Thanks Hstepper.

He has been here about 20 years, has his own company, employs staff etc. He has full health insurance, is that the same thing as you mention?

He has permanent residency but applied for it years ago, so not sure if its still valid, I didn't see an expiry date on it though, not that it means anything.

Okay, perhaps we try applying the british spouse route once I clarify the status of his permanent residency document.

Thanks.

If he has PR, then he can shoot for Naturalization provided he has not been out of UK for more than 2 years since he got PR and meets other Naturalization requirements

[alterhase58]

Based on what you have described your husband (holding PR for many years) can apply straight away on his own account. In my case I held PR for over 30 years, no issue being approved.
Re. your child (non-British) I believe your husband can apply for his own BC form AN1 and child registration form MN1 at the same time.

[britosbie]

Alterhase, thanks so much, we'll give it ago and hope for the best, at this stage the waiting to see what happens approach is no longer viable.

[britosbie]

One more question!

Does my child have to apply for Permanent Residency first before my husband can add them to his British Citizenship application?

Thanks.

[Hstepper07]

According to the law foreign-born minors need settled status (PR) before registering as citizens.
I have read that some forum members have been able to successfully register their foreign-born minor children as British citizens without proving PR status.

Another thing that I read is that if you and spouse are both British, you will not be able to act as your EEA childs sponsor for the purpose of PR anymore as you would no longer be treated as EEA nationals.