EEA Family Permit: ILR vs Residence card

[crazydaz]

Hi everyone,

Just looking for some advice in regards what would be the best way to proceed after my partners EEA 5 year Family Permit expires.

Code: Select all

Past - 2017  - I am EEA National until 2017.
2013         - We get married.
2014 January - She receives EEA Family Permit for 5 Year
2017 January - I receive British Citizenship, and revoke my EEA Nationality. 

• After completing, a short survey: https://www.gov.uk/settle-in-the-uk
  It tells us that her only option is ILR (£2,389).

• Yet, when phoned to private Immigration Adviser, we got offered to continue EEA route and apply for Residence Card: https://www.gov.uk/apply-for-a-uk-residence-card/ (£999 for the adviser + £65 Application Fee).

It seems a no-brainer, to simply continue with the 2nd option. Although, when going through all application form, it states that it is suitable only for people where their sponsor is an EEA National. As such, the question is how this private Immigration Adviser would go about submitting the application. I do not even have my EEA passport anymore...

The options under which he could apply are:
*retained right of residence
*Surinder Singh
*family member of an EEA national who has a permanent right of residence in the
UK
*family member of an EEA national who is a qualified person

Do we just submit my British Passport, and still apply under the last option: "*family member of an EEA national who is a qualified person"?

Any advice would be much appreciated,

[CR001]

You should have waited before revoking your EU citizenship to be honest.

Did you get married in the UK or abroad?

Your partner CANNOT apply for ILR under the UK immigration rules (£2389) as your partner DOES NOT hold a spouse settlement visa (2 x 2.5 year visas).

[crazydaz]

Hi, thanks for a prompt reply.

My previous country of residence did not allow dual citizenship.

Married in UK. Both in UK since 2010. ILR ain't an option, what about Residence Card or PR?

[secret.simon]

You should not have applied for British citizenship so early, but waited until your spouse had completed five years under EU law and acquired PR.

Does your wife have any residence in the UK before 2013/her marriage to you?

Have you formally renounced your original EEA citizenship? I.E. did you write to their Embassy/authorities or apply for a formal document stating renunciation?

Not sure how Lounes interacts with a situation like this. You have undoubtedly acquired PR under EU law and that should persist. However, if you have surrendered your non-UK EEA citizenship, you will no longer be able to sponsor any family member under EU law.

For any of the options that you have listed to apply, the sponsor must be an EEA citizen, except the Surinder Singh route.

I would wait for others to comment, but I think the only way forward may be for the non-EEA spouse to apply under the FLR(M) route as the spouse of a British citizen. S/he will then be eligible for ILR after 5 further years (and another FLR(M) renewal in 2.5 years) and will only be eligible for British citizenship in ten years time (because currently s/he is an overstayer. Her automatic right to reside in the UK ended when you surrendered your non-UK EEA citizenship and will only resume when she gets her FLR(M)).

[crazydaz]

You should not have applied for British citizenship so early, but waited until your spouse had completed five years under EU law and acquired PR.

Does your wife have any residence in the UK before 2013/her marriage to you?

Have you formally renounced your original EEA citizenship? I.E. did you write to their Embassy/authorities or apply for a formal document stating renunciation?

Not sure how Lounes interacts with a situation like this. You have undoubtedly acquired PR under EU law and that should persist. However, if you have surrendered your non-UK EEA citizenship, you will no longer be able to sponsor any family member under EU law.

For any of the options that you have listed to apply, the sponsor must be an EEA citizen, except the Surinder Singh route.

I would wait for others to comment, but I think the only way forward may be for the non-EEA spouse to apply under the FLR(M) route as the spouse of a British citizen. S/he will then be eligible for ILR after 5 further years (and another FLR(M) renewal in 2.5 years) and will only be eligible for British citizenship in ten years time (because currently s/he is an overstayer. Her automatic right to reside in the UK ended when you surrendered your non-UK EEA citizenship and will only resume when she gets her FLR(M)).

Thank you for your honest opinion!

My question is now, why immigration officers allowed us to enter the country when we went to travel multiple times already... and none of them even raised a question of me not having an EEA passport or aka my partner being "overstayer". The only comments what we receive is "how come you are in EU line with international passport?", " wow... it must have been easy to get it" (in regards, to both FP and BC) ... .

From my experience, of dealing with Home Office and after numerous calls throughout different applications, I've been told: they do not care about your current status. As long as there are X (input any numbers of years for whatever application you are applying) amount of years, to cover the requirements.

I guess I will need to make another call to Immigration Lawyer... and if worst comes to worst gonna need either ask my company to move me to another country for a couple of months (Surrender Singh), disappear (retained rights of residence) or as you suggest shell-out £1k each year for the Family Visa.

Do you know, registration certificates do they have an expiry date as I can't see any? I still own mine...What are the rules on returning it? Can't find any info online, or any info within any of the documents I've received with my British Passport/Citizenship/ or Reg Certificate itself... Should I assume it is still a legal document? ... .

[Richard W]

Not sure how Lounes interacts with a situation like this. You have undoubtedly acquired PR under EU law and that should persist. However, if you have surrendered your non-UK EEA citizenship, you will no longer be able to sponsor any family member under EU law.

The arguments from the Lounes case seem to apply, but the judgement itself does not cover this case, at least, not on a narrow interpretation. If the OP's applies for a permanent residence card, it may be possible to appeal to the ECJ to find out what the currently unknown law on the matter was. It's also possible that the the UK's Supreme Court will decide what EU law was at the time of application. It's also conceivable that the permanent residence card may be granted. The downsides are that justice must be paid for, and a refusal may goad the Home Office into action against the OP's wife.