EEA Family Member Application for Permanent Residence

[straw10]

Hi, I wonder if you can help me with my query.

With input from the immigrationboards we have successfully obtained a 5 year residence permit effective August 2010 for family member of an EEA national. I am Nigerian and my wife has dual citizenship, German and British. My wife likes to plan ahead and we are now looking at the next steps i.e. route to permanent residency/ILR or indeed British citizenship and are looking for guidance with regards to which option to go for:
1) The obvious next step seems to be to wait until the continuous period of five years on the EEA family member residence permit have been completed and automatically gain permanent residency and then apply for British citizenship.
2) We married in 2011 and are trying to understand whether we can fast track this based on my wife’s British Nationality and apply for ILR /British citizenship (in 2013 after 2 years of marriage) or does the Home Office not allow her to exercise both nationalities with respect to my immigration status?

Thanks for your help.
Straw

[Jambo]

My wife likes to plan ahead

Sounds very German

1) The obvious next step seems to be to wait until the continuous period of five years on the EEA family member residence permit have been completed and automatically gain permanent residency and then apply for British citizenship.

As you received the RC before marriage, the 5 years started when the RC was issued. The PR is obtained automatically assuming your wife is exercising treaty rights for a continuous 5 years. Just residence is not enough.

2) We married in 2011 and are trying to understand whether we can fast track this based on my wife’s British Nationality and apply for ILR /British citizenship (in 2013 after 2 years of marriage) or does the Home Office not allow her to exercise both nationalities with respect to my immigration status?

What you can fast track is that you can apply once you obtain PR (after 5 years). You don't need to wait 1 year after PR as you are married to a BC.
You can't apply for ILR after 2 years as this route is for people on UK spouse visa and not EEA route. You can't switch routes (unless you make a new application). In any case, the spouse rules have changed in July and now spouse of BC would obtain ILR after 5 years instead of 2.

See more in Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.