ILR/citizenship for my wife

[FromThere2Here]

Hi. I'm hoping the experts on this forum have some advice.

I'm looking for the quickest way to get UK citizenship for my wife. Here are the facts:

My wife came to the UK on a student visa in 2002. We have lived together since March 2003 and were married in August 2005, at which point my wife switched to the 2-year probationary visa as the spouse of someone who has ILR. I will become a UK citizen by naturalisation on 7 April.

Now we have to move to France because I have a job offer there, but doing so will mess up her chance to apply for UK citizenship!

Two questions:

-- Is there any was to get ILR for my wife before August 2007? Does the fact that we have lived together for more than three years help? Obviously, our goal is to be able to get her the ILR so she can immediately apply for UK citizenship.

-- When we move to France, would my wife be able to work (as the spouse of a UK citizen)? If so, which visa would she need?

-- Finally, if we're living in France in August 2007 can my wife still apply for ILR in the UK? (It doesn't seem like it.)

Thanks so much for your help.

[John]

Now we have to move to France because I have a job offer there, but doing so will mess up her chance to apply for UK citizenship!

Absolutely right, it will mess up her chance ... and also for her getting ILR.

Is there any was to get ILR for my wife before August 2007?

Yes, she can apply 28 days before the expiry of her 2-year spouse visa ... maybe in July 2007! I doubt whether that is much comfort to you.

When we move to France, would my wife be able to work (as the spouse of a UK citizen)? If so, which visa would she need?

Your wife should apply, at the French Consulate in London, for a French-issued EEA Family Permit. As a British Citizen you will have a right to live and work in any other EEA country (subject to transitional provisions for the 10 countries that joined the EU and EEA in 2004). Your non-EEA spouse has the same rights, as long as she is with you, and thus can live and work in France with you. But she needs that EEA Family Permit in her passport in order to prove she does indeed have those rights.

Finally, if we're living in France in August 2007 can my wife still apply for ILR in the UK? (It doesn't seem like it.)

Your conclusion is absolutely right. Your only consolation is that after her spouse visa has expired, because you will have been exercising your EU treaty rights for more than six months, your wife will be entitled to apply for a UK-issued EEA Family Permit when you move back to the UK. Alternatively she could apply for another 2-year spouse visa, the advantage would be a faster route to her getting ILR and therefore British Nationality.

EEA Family Permits are issued for free, irrespective of which country issues them ... EU/EEA legislation.

[JAJ]

Finally, if we're living in France in August 2007 can my wife still apply for ILR in the UK? (It doesn't seem like it.)

Your conclusion is absolutely right. Your only consolation is that after her spouse visa has expired, because you will have been exercising your EU treaty rights for more than six months, your wife will be entitled to apply for a UK-issued EEA Family Permit when you move back to the UK. Alternatively she could apply for another 2-year spouse visa, the advantage would be a faster route to her getting ILR and therefore British Nationality.

EEA Family Permits are issued for free, irrespective of which country issues them ... EU/EEA legislation.

The bottom line is that if you do decide to move to France, it will likely be a long time indeed before your wife gets British citizenship. You may need to decide what's more important to you: moving to France, or a British passport for your wife.

There is no obligation on France (under the EEA Treaties) to make French citizenship available to other EEA nationals + their family members. It may be possible to make an application after 5 years, but that would be under French domestic law and subject to whatever other criteria they choose to set.