partner of PR or citizenship, which route to follow ?

[isidore91]

hi

i'm french national with Permanent Resident.
my wife is pakistani and came this year in UK as eea family member and got a residence card.

what would happen if I apply for British Citizenship ?
- if i get BC, would she apply for a EEA permament residence card after 5 years ? what is the "UK route", something to apply after 3 years?
=>......what would be the options or route to follow please?

- about me, would i fall under EU law or UK law? ( a quick look on the forum seems to say EU law but i'm not sure)

i'm hesitating to apply for BC as I know the EEA route where in 5 years she can take a settled status or permanent resident and later on apply for nationality. (is it easy to pass the british citizenship knowledge test?)

[Obie]

Citizen application should have no effect.

[isidore91]

so...if i have BC,
-wife, as spouse of eea member, can stay in uk even if i get BC ?
-what would be the options or route to follow for my wife please?
ILR form for 2 years? for 5 years? or EEA permanent resident form ?

- about me, would i fall under EU law or UK law?

i'm asking about this because of lounes C-165/16 case and my information as if we become british citizen, which category or routes do our partner follow

i would appreciate if i can have a detailed reponse.
thank you

[isidore91]

hi

would you have any information please?

if i have BC,
-wife, as spouse of eea member, can stay in uk even if i get BC ?
-what would be the options or route to follow for my wife please?
ILR form for 2 years? for 5 years? or EEA permanent resident form ?

- about me, would i fall under EU law or UK law?

thanks for your help

[isidore91]

hi

i did some research and here

wife, as spouse of eea member, can stay in uk even if i get BC ?
=> i think yes if we keep the dual citizenship

-what would be the options or route to follow for my wife please?
=> if it's no longer EEA, then it becomes a TEN year ILR which is most costly as well.
THe following article was useful but unclear to me, if the PR counter reset when i get BC, maybe, maybe not.
eea-route-applications/should-a-eu-nati ... p#p1690987

Third party webslink removed by moderator
this article above is good and seems to say all is good Now... but hmm we never know when things go wrong.

i found something interesting :
When you have had permanent residence for one year, you will be eligible to apply for naturalisation as a British citizen. If you do this before the UK leaves the EU you won’t need to worry about complying with requirements under a new immigration regime.

=> conclusion it's probably safe to get BC but i'm a bit concern with all the laws changing regularly. if i wait for 5 years for partner to get PR that might be easier or safe route as we get same paperwork at the same time
i don't know if the PR route could disappear at anytime if i get BC when keeping eea nationality seems easier so far.

it's a personal opinion, some might advise to get BC now before things get more complex in the futur so i don't know if i should get a BC now or wait 5 more years and take it with wife at the same time.
If i get BC now, MAYBE partner need to wait 10 years (ILR) instead of PR and that would be an issue but this is something i'm not sure

[isidore91]

SIMPLIFIED QUESTION :

hi

quick question, I have Permanent Resident.
Wife (non-eea) got her EEA residence card recently.
If i get BC now (so will french and english national), after 5 years does she apply for PR (or settled status) or does she need to apply for IRL ?

could you please confirm ?
thanks