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The OP is British by descent, cannot be inherited by children born abroad.NatCam wrote: ↑Fri Apr 05, 2019 1:52 pmShe can definitely apply for a pre-settled status in her own right, providing she is a qualified person.
You will save huge amount of money but your wife will likely lose 2.5 years on her path to permanent residency.
I don't know what your inspirations are, as a family.
As to the children - why can't they be registered as UK citizens, since the father a UK citizen? Why claim citizenship from the mother's side? Just a thought.
No. In order to acquire either PR (under the EEA Regulations) or Settled Status (under Appendix EU), one needs to have resided in the UK in accordance with the requirements of the EEA Regulations (i.e. as a non-British EEA citizen exercising treaty rights or their direct family member) for five continuous years. If your spouse only acquired Portuguese citizenship a year ago, their clock (for PR/Settled Status) started then.justininlondon wrote: ↑Fri Apr 05, 2019 9:04 pmWhy would my wife lose 2.5 years on her path to permanent residency? She'd be resident under a different type of permission, as a EU citizen vs on a spouse visa, but wouldn't they both count the same towards the 5 years?
Similarly, for applications for ILR as the spouse of a British citizen, the applicant needs to have completed five years in the UK under that Leave to Remain (spousal visa).Requirements for ILR under Appendix EU wrote:EU11(3)
(a) The applicant is:
(i) a relevant EEA citizen; or
(ii) a family member of a relevant EEA citizen; or
(iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) a person with a derivative right to reside; or
(v) a person with a Zambrano right to reside; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred
If she is not working and does not have CSI, by that logic then she would be an overstayer or be abusing the right of initial residence.secret.simon wrote: ↑Sat Apr 06, 2019 2:08 pmAs an aside, it can be argued that by acquiring EU citizenship, your spouse's leave to remain as the spouse of a British citizen has been invalidated (EEA citizens cannot be subject to Leave to Remain under the Immigration Act 1971) and therefore s/he may no longer be eligible to apply for ILR using SET(M).
I don't think the Leave to Remain is invalidated, although any overstaying will not result in an action because of the EEA citizenship. The settlement scheme is under the immigration rules even though EU law still applies. I don't have a reference, but years ago it took 2 years to get ILR as a spouse to British citizen, so HO advised as an option for EEA citizens to apply under the immigration rules as quicker route to citizenship (it was also much cheaper then, albeit not free).your spouse's leave to remain as the spouse of a British citizen has been invalidated (EEA citizens cannot be subject to Leave to Remain under the Immigration Act 1971)