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Advantages of ILR for EU Citizen?

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#1 sicnarf


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Posted 04 August 2008 - 03:17 PM


I'm a British Citizen, and my wife is an EU/EEA Citizen (Spanish).
She has been living in the UK continuously for 4 years, and we have been married for 3 years.
We have a daughter (born in the UK) who has both Spanish and British passports.

As I understand it, after 5 years of being in the UK, my wife can apply for permanent residence.

However, what we can't work out is:
What advantages (if any) are there of her doing this?

My wife is not sure if she wants to apply for British citizenship, as we believe she would have
to renounce her Spanish nationality to do so, so are there any particularly good reasons for
her to apply for permanent residence?

Any help much appreciated.

#2 Ansar Ahmad

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Posted 04 August 2008 - 07:04 PM

if your wife works in the Uk for a period of five years (residence permit), then she is entitled for indefinite leave to remain.

permenant residence and nationality are different things. being an EEA national she is allowed to exercise her treaty rights in the UK as long as UK and Spain are in EU area. if any of the states leaves the union, then its citizen will have to leave the area probably. being a british citizen she cannot be deported from the UK until and ulness her nationality/indefinite leave is revoked/curtailed (very very rare and serious exceptional circmustances only) however being a spansih citizen she can be removed/deported if she is found in any serious crime or her presence in the UK is not conducive to public good

being a british national she will be able to enjoy all the rights/priviliges (both in UK and overseas), which are given to the UK citizens

UK allows dual nationality but i don't know what spanish law say about this

#3 sicnarf


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Posted 05 August 2008 - 08:53 AM

Thanks for your reply.

Regarding residency:
So, effectively if she has permanent residency, it would really only be of advantage if the UK or Spain left the EU?
Are there any other advantages - eg. better access to public funds/services/rights etc?

Regarding citizenship:
Like I said, as we understand it, if my wife took British citizenship, then she would have to renounce her Spanish nationality (although we're not at all clear whether in practice this actually happens). For example, we've been told by the Spanish Consulate that our daughter can happily have both UK and Spanish passports until the age of 18, at which point she will have to choose which one to keep.

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