polandcalling wrote:Derivaz thanks for your kind reply but I do not think you quite understood my post.
My non-eea wife came to Uk in Nov 2007 with a Family Permit valid for 6 months only and this expired in May 2008 so then she applied for a Residence Card using EEA2 form which was issued in October 2008 valid for 5 years so this is expiring at the beginning of October 2013.
I am from Poland and I have applied for naturalisation as a British Citizen so I am hoping this gets approved before October 2013 (which is when her Residence Card expires) and if it does, then my non eea wife could apply for naturalisation as a BC as a spouse of a BC in this case.
MY questions are:
1. what if my application for Naturalisation as a BC doesn't get approved by October? my non eea wife would then have to apply under European Law for Permanent Residence EEA 4 instead and she'd need to send her own passport as well as mine, the HO would not accept my Polish ID card for this purpose I think, but my passport is still in the HO so would her application for Permanent Residence EEA4 get rejected because she could not be able to send my passport?
2. Also in November 2013 she will have been exactly 6 years in the UK and as the European Law states that EEA nationals and their family members get automatically Permanent Residence after 5 years, then she became a Permanent Residence in November 2012, didn't she? and to apply for naturalisation as a BC, you should have hold Permanent Residence for one year, then in NOV 2013 she will have meet the requirements to apply for naturalisation as a BC in her own right, won't she?
The thing is, we could wait for my application to get approved so then she could apply as a spouse of a BC or even she could apply in her own right in November 2013 for BC but her boss has already told her that he will finish her employment when her Residence Card expires which is at the beginning of October 2013 unless she renews it and she really does not want to lose her job that is why she cannot really wait until November 2013.
The other thing I said is that if she applies for Permanent Residence EEA4 before her Residence Card expires and after that my application for Naturalisation as a BC is successful then perhaps she could withdraw her application for Permanent Residence EEA4 and apply for BC instead?
Any ideas, advice, suggestions will be highly appreciated.
Thanks
Hiya,
I understood you
1) Yes, if she can't apply for BC and her card expires, she'll obviously have to apply for another card or she'd be illegal, if she isn't EEA. What nationality is she? if she is American for instance, she can stay 6 months as a tourist, but if she is pakistany, etc... i think she has to leave right away.
The HO will accept your Polish ID; they accepted mine for my PR card and the guide and form says that you can use is as form of ID; so you can if you are EEA, so her EEA family card application wouldn't be rejected due to that.
2) EEA citizens can apply after 6 years exercising treaty rights, no need for a card, but I'm not sure about their non EEA relatives; if the rule is the same as for EEA, then yes, she can apply in nov 2013
3) I don't think you are going to get your BC before october, so the logical thing to do is to apply for her card asap, actually, you should have sooner, because in october, her card will experice and she won't be allowed to work or even to live here (depending on her nationality).
What I'd do is renew her card as soon as possible, use your polish ID, for that application, I used my EU ID for that and had no problem, then whenever she's eligible, she can apply for citizenship, that's what I'd do.
