Post-McCarthy

[OSCE]

I'm new to the forum and I wanted to know what people think about my situation.

I'm a EEA national living in the Uk since 2006. Initially as a student for 5 years than continuous employment. I'm currently waiting for confirmation of my PR by the home office.

My wife is non-EEA and we got married late 2013 soon after she got a Family permit than an RC early 2014 which runs out in 2019.

I was planning to naturalise as a BC next year but after reading about the McCarthy case I understand after July 2012 when transitional arrangements were made Dual citizens lose their rights to use the EEA directive as BC essentially trumps them.

I predict that article 7 will be triggered early next year and brexit will happen early 2019.

My plan now is to hold off applying for BC
Until my wife has PR which will be cutting it fine. However we both work and have a mortgage and I imagine she couldn't switch to the uk immigration rules in country.

Advise/ ideas appreciated

[Noetic]

Your wife should have attained PR 5 years after the date of marriage (as it appears you lived here at the time or is that incorrect?) which will definitely fall before the 2 year deadline for article 50 so I think she'll be ok. Hopefully (and likely) her PR status will be retained or converted to ILR so she can apply for citizenship by late 2019 after a year of holding that status.

[OSCE]

Thanks for your reply

I agree i think she should be ok, I'm now just considering continuing on the EEA route and applying for BC same time as her late 2019