zsolt123 wrote:If EEA national becomes Permanent resident and apply for British citizenship then what will be the status of their non-EEA spouse who is on 5 years EEA2 or EEA (FM) visa. What immigration category non-EEA dependent falls under?
So far as we are aware, the non-EEA spouse will be "in breach of the immigration laws", unless this spouse has leave to remain, which would have been obtained in some other method.
Now, there may be an exception if the relation of family member and member had given rise to a family permit or to a residence card valid on 16 October 2012, but I don't believe that was the intention of Schedule 3 of the
Immigration (European Economic Area) (Amendment) Regulations 2012.
Don't naturalise until your non-EEA family members are 'settled'. Settled foreigners are regarded with some degree of envy by natives suffering under the British immigration rules.
zsolt123 wrote:Do I (EEA citizen) needs to work to exercise treaty right even after I get PR to make my non-EEA spouse qualified person to get PR, or Its is other way round?
No. The sponsor no longer needs to exercise treaty rights once he has PR. The non-EEA family member would only need to exercise them if the sponsor were to die - I'm not sure if there is a grace period to allow a non-working survivor to find work. The sponsor and family members need to remain resident. It would, however, be wise to get PR confirmed by a DCPR before assuming one has actually achieved it.
zsolt123 wrote:Non EEA spouse needs to complete 5 years on EEA (FM) or EEA2 visa even EEA citizen gets PR and British citizenship?
No. The non-EEA family members need to spend 5 years resident in accordance with the EEA regulations. Possession of family permits and residence cards are generally irrelevant for those who don't rent or work and aren't visa nationals, though they may help with transitional arrangements if categories of EEA nationals cease to count as EEA nationals, as happened to EEA nationals who were also British. So, if the EEA national is Swiss, it may help to get a residence card, because the Swiss people have (narrowly) rejected the free movement directive (2004/38/EC).
Remember, except for individual relationships exempted in 2012, a British national is not considered to be an EEA national under the EEA regulations. See above.
