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Do you already hold British citizenship?kostikson wrote:Dear all,
I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.
I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.
What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.
Please advice
Regards
Konstantin
Casa wrote:Do you already hold British citizenship?kostikson wrote:Dear all,
I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.
I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.
What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.
Please advice
Regards
Konstantin
If spouse is on EU route as dependent family member then, as long as you continue to exercise treaty rights, she may be on track to acquire PR (not ILR) sometime in 2018.kostikson wrote:Dear all,
I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.
I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.
What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.
Please advice
Regards
Konstantin
@noajthan the OP says he already holds BC which was my concern when I asked him the question.kostikson wrote:Yes I hold certificate of naturalisation.
Casa wrote:Do you already hold British citizenship?kostikson wrote:Dear all,
I am looking for advise if someone had to deal with the situation in the past. I've tried to use search but could not find similar topics, so I do apologies if that's been discussed. Happy to kill the post.
I am currently ready to apply for UK passport with all required paperwork in place. Just a formality to put application together and send it out. However query is that my wife is currently on EEA national visa and I am concerned that after I gave up my european passport she has to re-apply for UK spouse visa. Visa has started from Feb 2013 so she is one more year short until her ILR, previously she was on TIER 4 student for 16 months during her masters degree.
What is the best way to go forward in my case, wait until she applies for ILR and then put application together or apply now and re-apply for new visa.
Please advice
Regards
Konstantin
My understanding (although noajthan may be able to advise differently) is that your wife must move to the UK spouse route ASAP in order to remain here legally. I hope I may be mistaken as that seems drastic. Are you able to meet the minimum income level of £18,600 per annum? Your wife will also have to pass the A1 level English test from a HO approved provider unless she has a degree taught in English.kostikson wrote:Thanks for advice both.
Seems like I made a bit of mess with the spouse visa and have to re-apply for a UK one. I also hold the BC for more than a few months, would that be a problem. In principle I had to notify them as soon as I received it.
I am a bit confused. What should I do next:Casa wrote:@kostikson The application/issue of a British passport is irrelevant. As noajthan has correctly advised, the granting of British citizenship put paid to your wife's route to PR via EEA regulations.
Yes we can easily meet both criteria. Is that the FLR visa we should go for ?Casa wrote:My understanding (although noajthan may be able to advise differently) is that your wife must move to the UK spouse route ASAP in order to remain here legally. I hope I may be mistaken as that seems drastic. Are you able to meet the minimum income level of £18,600 per annum? Your wife will also have to pass the A1 level English test from a HO approved provider unless she has a degree taught in English.kostikson wrote:Thanks for advice both.
Seems like I made a bit of mess with the spouse visa and have to re-apply for a UK one. I also hold the BC for more than a few months, would that be a problem. In principle I had to notify them as soon as I received it.
Unfortunately the RC is now invalid; its not actually a 'visa', your change of citizenship will have invalidated it.kostikson wrote:I am a bit confused. What should I do next:Casa wrote:@kostikson The application/issue of a British passport is irrelevant. As noajthan has correctly advised, the granting of British citizenship put paid to your wife's route to PR via EEA regulations.
If we would stay long term in UK, re-apply for UK spouse visa asap so 5 years period can be accumulated sooner.
Re-apply for UK spouse visa in 2017 once existing one expires.
Not sure about switching.Casa wrote:The main issue as I see it, is that I'm not sure whether you can switch to a UK spouse visa from within the UK. This isn't normally permitted when the applicant doesn't have a valid visa in order to change categories. @noajthan your thoughts?
If you’re in the UK on temporary admission or release (you don’t have a visa) you can only apply to switch if you both:
apply in a 10-year route
can prove you’ve been in the UK for more than 6 months before you apply
You can also switch between routes if your eligibility changes