EU citizen living for 10+ years in the UK need advice about US partner

[zippyzap]

Hi there

I am an EU citizen who has lived in the UK for 12 years. I have been working and I understand that I have obtained my permanent residency, having resided/working continuously for over 5 years. I am in the process of applying for my permanent residency card, followed by British citizenship. However, I understand that the entire process could take a long time, possibly up to a year. My partner, who is American, is considering moving to the UK and my question is if we get married before I become a British citizen, what working / residency rights could he have? Many thanks.

[obormot]

It is much cheaper and easier to bring your partner to UK as EU citizen (compared to British citizen) - so do it before naturalizing.
You get married, you apply for Family Permit (visa to properly enter UK), and once in you apply or EEA2 5 years residence for your partner.
For Family Permit you will have to show that:
(i) You exercise treaty rights in UK (working)
(ii) Your marriage is genuine (they will ant photos, etc.)
Just read the instructions on official website (there is also a lot of information here)

[Richard W]

My partner, who is American, is considering moving to the UK and my question is if we get married before I become a British citizen, what working / residency rights could he have? Many thanks.

So long as you retain your permanent residence / ILR and your Italian citizenship, and remain married, he will have full work and residence rights and, as he is a US citizen, a family permit is optional. He will also have to apply for leave to remain by some point from March 2019 to March 2021, depending on what withdrawal agreement there is.

Exercising the right to work with a family permit is difficult; it seems to be very difficult without a family permit. A family permit should be issued on the basis of your permanent residence. He should apply for a residence card (EEA route) or leave to remain (EU settlement scheme) soon after he arrives in the UK.

You may wish to delay an application for leave to remain for a month so there will be no gap between the end of his 5 year leave to remain and his application for ILR being noticed by the Home Office. I expect they will add provision for applying in the last month of the five year time-limited leave to remain.

You do not lose rights by naturalising as British unless you would lose permanent residence if you had not become British.