Wife on EEA2, Husband UK Citizen - best way forward?

[Frep Doronge]

Hi there - I am a UK citizen and married my wife last year. She is currently here in the UK on a EEA2 as a family member of an Irish national, but has a NZ passport. This is about to expire in May however, and we are wondering what the best option is for her is. Specifically, what would it take for her to acquire British citizenship as a spouse of a UK citizen (me)? She has been in the UK since 2005, first on a Working holiday visa, then a work permit, and then on the EEA2. Clearly she has been here for more than the 3 years residency requirement, however we are a bit confused about the 'no immigration time restrictions' part and how it applies to the EEA2.

Can anyone help or point me towards some online resources which may shed some light on the situation?

Thanks,

Andrew

[Jambo]

Can you explain who is the Irish person she is a family member of? Is that you or one of her parents?

Before applying for naturalisation, she will need to have ILR/PR status. This under EEA regulations is granted after 5 years under the EEA regulations.

[Frep Doronge]

Can you explain who is the Irish person she is a family member of? Is that you or one of her parents?

Before applying for naturalisation, she will need to have ILR/PR status. This under EEA regulations is granted after 5 years under the EEA regulations.

Thanks for replying...

Her father is the Irish National. Does she need to get the EEA4 to have ILR/PR status? Was hoping to avoid that after hearing the stories about long processing times etc

[Jambo]

The long processing times are not as bad as they used to be 2-3 years ago. The average nowadays is 2-3 months.

Under EEA regulations, PR status is obtained automatically after 5 years (assuming her father is exercising treaty rights in the UK). She is not required to apply using EEA4 first and she can apply directly for naturalisation without going through EEA4. The naturalisation application form includes a section for EEA family members.

However, as EEA4 is a free application, better to apply for it first and not to risk the naturalisation costly application in case there are issues with the evidence required to confirm PR.

Once PR is confirmed, she can apply the next day as a spouse of a BC.

[Frep Doronge]

The long processing times are not as bad as they used to be 2-3 years ago. The average nowadays is 2-3 months.

Under EEA regulations, PR status is obtained automatically after 5 years (assuming her father is exercising treaty rights in the UK).

Her father is still here, yes. The 'PR status' being obtained automatically is something I find confusing - Hypothetically speaking, if the EEA4 was not applied for, how would travel be possible with a NZ passport and an 'expired' EEA2? Or is that something that a customs officer at the airport would be familiar with?

I should also mention that she has a sister in the same situation, although is not married. That means after getting the EEA4 and PR, she needs to wait further to apply for citizenship via Naturalisation?

Interesting about the wait times being shorter now; good to know. And thanks so much for the replies!

[Jambo]

how would travel be possible with a NZ passport and an 'expired' EEA2? Or is that something that a customs officer at the airport would be familiar with?

Well, the immigration officer has no way to know whether she has obtained PR automatically or not. However, if she provide evidence at the border, she would be given entry. But I agree that it is better to apply for a confirmation from the HO even if the status was obtained automatically.

I should also mention that she has a sister in the same situation, although is not married. That means after getting the EEA4 and PR, she needs to wait further to apply for citizenship via Naturalisation?

She can apply one year after the PR is obtained automatically. Not one year from the date on the PR sticker following a EEA4 application. However if she apply for naturalisation on the 6th anniversary, she will need provide evidence that she has obtained PR at least one year before the application. If she apply one year after the sticker date, there is no need to provide that evidence again.

In both cases, they will need to pass the Life in the UK test.

[friendinneed]

With the EEA you are not asking for permission but for acknowledgement so in theory you need never apply for anything. The reality, as you point out, is that it is much easier to cross the border if you have a pretty stamp saying you have permission.

Therefore for BC it is the same, you can either have the PR stamp and just send the evidence for that point on or you can live without the stamp and effectively send the evidence for PR and BC together in one go.

As a spouse of a BC she can apply as soon as she is free from immigration restrictions (ie been in the country exercising treaty right for 5 years)

[Frep Doronge]

With the EEA you are not asking for permission but for acknowledgement so in theory you need never apply for anything. The reality, as you point out, is that it is much easier to cross the border if you have a pretty stamp saying you have permission.

That's very interesting. So in theory, you could count the 5 years as starting BEFORE the EEA2 was granted. i.e from starting the first day that both here (non EEA family member) and her sponsor (EEA member exercising treaty rights) were in the UK at the same time.

To be clear, she was actually here before her sponsor, on a different Visa (UK work permit). So if you were going to take the punt and count on the above paragraph, some of the 5 years considered would involve having both a UK work permit that is not yet expired, and also having an EEA family member exercising treaty rights, but prior to having as you say the 'pretty stamp' EEA2.

This does not sound like something the HO would go for! I guess there are laws and then there are laws as they are practiced...

[Jambo]

Having a visa in a UK immigration category in parallel to living under the EU regulations is possible and it is not contradicting.

Your understanding of the EEA regulations is correct. Direct family member (spouse, children under 21 or dependants, parents) enjoy an automatic right to live with the EEA national who is exercising treaty rights. The various documents by the HO are just confirmation of this right so the issue date of the RC or the expiry date don't in most cases match the 5 years needed for a PR status. This is not theory but the regulation and the HO would confirm this if produced with the relevant documents.

So if her father has been exercising treaty rights for more than 5 years and she has been living in the UK during that time, she has already obtained PR status.

[Obie]

She may be required to provide evidence of dependency for the period when she was over 21. Or evidence she lived with her dad, under his roof.

[moose]

Is there some reason that she hasn't just applied for Irish citizenship?

http://www.dfa.ie/home/index.aspx?id=267

One possible scenario:

"Under the Irish Nationality and Citizenship Acts, 1956 to 2004, a person who was born outside Ireland is automatically an Irish citizen by descent if one of that person's parents was an Irish citizen who was born in Ireland"

But there are others possibly qualifying options...?

An obvious (or only?) reason why not is that he moved to Ireland and obtained citizenship through living there for a while.