6 replies to this topic

[anatta]

I renounced my British citizenship 20 years ago in order to take up citizenship of the other EEA member state where I was working. I have this year returned to UK and am 'exercising Treaty rights' with my non-EEA spouse.  If I now 'resume' my British citizenship could my wife get permanent residence sooner than the five years she will have to wait under the 'EEA Treaty rights' regime?  We have been married (living outside UK) for 9 years. She has already satisfied the English language and Life in UK requirements, and I believe we also satisfy the income and accommodation requirement.  What we are wondering is: could she get permanent residence directly if she leaves the UK and successfully applies under the UK Immigration Rules for 'Indefinite Leave to Enter' as the spouse of a British citizen?

[Victoria]

No she can't. And if you resume UK citizenship she couldn't apply under the EEA rules so the application will be harder.

[anatta]

Victoria, on 17 December 2012 - 07:30 PM, said:

No she can't. And if you resume UK citizenship she couldn't apply under the EEA rules so the application will be harder.

Thank you.

I can understand that a British citizen could not be treated as a non-British EEA citizen for determining his spouse's immigration status, even though he was not British when he and his spouse began to exercise EEA Treaty rights in UK.

Can you shed any light on why my wife wouldn't be able to 'start again' in a new immigration capacity as the spouse of a British citizen who had lived abroad for more than 4 years?  Would I have had to have been British at the time of our marriage, and continuously ever since, for this 'path' to be possible?  Or would the fact that she had previously been in UK on the EEA 'path' disqualify her?

[Victoria]

There is no longer an 'Indefinite Leave to Enter' option.

She can either apply for leave to enter for 5 years as the spouse of a UK national, or apply for an EEA family permit, which can be changed to a 5 year EEA residence card once you get here.

[anatta]

Thank you again.  I must have wrongly understood 282(i)( and 282( of the rules on this the UKBA page:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners/

Edited by anatta, 18 December 2012 - 06:34 PM.

[anatta]

anatta, on 18 December 2012 - 06:34 PM, said:

Thank you again.  I must have wrongly understood 282(i)( and 282( of the rules on this the UKBA page:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners/

I'm sorry the smilies above inserted themselves without my knowledge!  For each smiley read ''.

[Gentleman of Leisure]

http://www.ukresiden...oticon-enabler/