EEA2 or Spouse Visa?

[Peaches]

My partner (EU) and I (non-EU) plan to get married soon.
As he will have been living and working in the UK for five years by the time we have all the documents needed, should I apply under EU law for a family permit or as the spouse of a British Citizen?

[sakura]

My partner (EU) and I (non-EU) plan to get married soon.
As he will have been living and working in the UK for five years by the time we have all the documents needed, should I apply under EU law for a family permit or as the spouse of a British Citizen?

He isn't British yet, is he?

You can apply for the EEA Family Permit, if you wish to save money, but it will be 5 years to Permanent Residency.

Or you can apply for a UK spouse visa as the spouse of someone present and settled in the UK. This will cost a lot more in the long run (spouse visa + life in the UK test + ILR) but you would obtain Indifinite Leave to Remain a lot quicker.

As for naturalisation, it all depends on whether or not your spouse chooses to become a British citizen. What is his current nationality?

[Peaches]

Ah, ok thanks.. He is Dutch. I think we'd go for the EU route then, but what if he wishes to become a British citizen, say, a year into the marriage - how would that then affect the family permit? I'm also thinking about the next UK ruling party's possible change of attitude towards EU legislation in the future, as someone mentioned elsewhere on the forum...

[sakura]

Ah, ok thanks.. He is Dutch. I think we'd go for the EU route then, but what if he wishes to become a British citizen, say, a year into the marriage - how would that then affect the family permit? I'm also thinking about the next UK ruling party's possible change of attitude towards EU legislation in the future, as someone mentioned elsewhere on the forum...

Once your spouse obtains PR, apply under the UK regulations if you want to gain ILR in two years time. If you don't have the money for that, then apply using the EEA route.

According to this page: http://www.minbuza.nl/en/welcome/DutchC ... nothe.html Dutch nationals (might) lose their nationality upon obtaining British citizenship. Your spouse may want to think hard about this - what does he gain from being a BC (that he doesn't already have as an EU citizen, etc).

If he is happy to lose his Dutch nationality for British citizenship, then under the UK route (if you apply for a spouse visa), you can apply for naturalisation once you obtain ILR, as the spouse of a British citizen. If he naturalises when you have the EEA family permit, I don't think it is affected, and once you obtain PR (in 5 years time), you can apply for naturalisation immediately, as the spouse of a British Citizen.

If he does not want to lose his Dutch nationality, then even if you obtain ILR in two years, you still need to reside in the UK for five years before qualifying for naturalisation - as the spouse of an EU/EEA citizen.

The main thing in all of this is that you need to obtain ILR or PR before naturalising.

I think this is all right, anyway...