EU resident card to British citizenship

[jillsand]

In the meantime my Residence Card under EU law still on process but already received the certificate stating that I am allowed to work.

Questions:
1. My EU ( Latvian) partner held a Permanent Resident card and he's been here in the UK for 8 years already. If he would apply for British citizenship , will it affect my status as a Resident card holder? or will I be eligible to apply for British Citizenship also after 3 years?

** Residential requirement: says resident here in the UK for at least three years. Are the Residence card and Spouse visa counted on this or should be either ILR and EU permanent residence card?

[jillsand]

Reading through the requirements again. I need to have a settled status first but another question would be. Since Latvia do not accept dual nationality and if my partner will become a British Citizen, will I still be eligible to apply for EU Permanent Residence card and if not what visa should I need to apply for?

[Terpe]

Reading through the requirements again. I need to have a settled status first but another question would be. Since Latvia do not accept dual nationality and if my partner will become a British Citizen, will I still be eligible to apply for EU Permanent Residence card and if not what visa should I need to apply for?

Eligibility for British Citzenship is 12 months under perm residence in addition to:-
- must be aged 18 or over.
- must be of sound mind.
- must intend to continue living in the UK.
- must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
- must have sufficient knowledge of life in the UK.
- must be of good character.
- must meet the residential requirements (If you have been outside the United Kingdom for six months or more in any one year of the residence period you will have broken your residence
- Pass certificate for “Life in the UK” test

Are you and your partner married or in civil partnership?
What is your nationality?

[jillsand]

We are in a civil partnership. I am a filipino. He asked me where is more advantage for me, if either he would apply for british citizenship or wait till I held an eu permanent residency for 1 yr.

so if he becomes a British citizen will I be able to retain my residence card for 5 years and then after 5 years since he will be no longer a Latvian will I still be able to apply Permanent residency under EU law or should I apply for ILR?

[Terpe]

We are in a civil partnership. I am a filipino. He asked me where is more advantage for me, if either he would apply for british citizenship or wait till I held an eu permanent residency for 1 yr.

so if he becomes a British citizen will I be able to retain my residence card for 5 years and then after 5 years since he will be no longer a Latvian will I still be able to apply Permanent residency under EU law or should I apply for ILR?

You need 12 months perm residence

[jillsand]

So perm residence under EU law or the ILR? If he would acquire Brit citizenship before my residence card would end?

[Terpe]

So perm residence under EU law or the ILR? If he would acquire Brit citizenship before my residence card would end?

ILR is not available under your category. The permanent residence is equivalent.

[jillsand]

so I would still be eligible to apply for Permanent residence even if he is already a British citizen?

[Terpe]

so I would still be eligible to apply for Permanent residence even if he is already a British citizen?

Sorry I'm really not sure what you are driving at ?

What specifically is your concern?

[jillsand]

my concern is if my Latvian partner will apply for British citizenship while I am on the first month of my Residence card. After the Residence card expires in 5 years time will I still be eligible to apply under EU law ( permanent residence card) ? because Latvia do not accept dual nationality so my partner will no longer be Latvian.

[Terpe]

Ah, OK I think I understand your concern.
Correct me if I am wrong.

1. You are civil partner of EEA National
2. You entered UK under UKBA Family Permit.
3. He is now eligible for British Citizenship.
4. If he takes up British Citizeship he will lose his Latvian Citizenship
4. You are worried about your status in UK if he will become British Citizen under EEA route rules.


He would become a British Citizen, he could no longer claim to be an EEA citizen because the other citizenship would no longer be relevant and UK citizens cannot exercise Treaty Rights in their own country.

Technically, that means that if the EEA spouse becomes a British citizen before the non-EEA spouse has acquired permanent residence then it is necessary that the EEA spouse retains the EEA citizenship, otherwise the spouse is no longer the spouse of an EEA national and would lose their right of residence,

In practice, the UKBA make it much more complicated and have issues about the date of the Family permit, and exactly how long each of you have been in UK exercising Treaty Rights.
He may be seen as having tried to circumvent immigration rules. Although I'm sure that was not deliberate.
Anyway, I think you can see some of the issues that UKBA might create

UKBA may accept your continued residence under EEA rules or they may instruct you to apply for a visa under current rules.
It's a big life changing risk without proper legal advice.

I am not an immigration lawyer and I suggest that if he really is determined to take up British Citizenship, then you seriously consider getting the opinion of
a good immigration advisor experienced in this before he makes application.

Unless there are very good reasons to secure BC my own personal advice is to ask him to wait until you have PR

[jillsand]

Thank you Terpe. We decided that we will both apply for citizenship after 6 years. We do not want to go another stressful immigration process again.

[jillsand]

and also Terpe, after my 5 years residence card , can I apply also for ILR? if I choose not to apply for EU permanent residence card?

[Terpe]

and also Terpe, after my 5 years residence card , can I apply also for ILR? if I choose not to apply for EU permanent residence card?

As I mentioned before you are not eligible for ILR since you do not have any visa in an immigration category that has leave to remain. You will simply become a Permanent Resident which is equivalent to ILR. After 12 months Perm Res you may apply for British Citizenship (a spouse needs ILR for 12 months to be eligible also so no advantage either way)

[jillsand]

I am just worried about this EU referendum in 2017 because what if UK will exit the EU as I will be eligible for Perm Res in 2018

[Terpe]

I am just worried about this EU referendum in 2017 because what if UK will exit the EU as I will be eligible for Perm Res in 2018

That's a worry too far.
Enjoy your life now

[joebloggs]

i think if your husband became a British Citizen then you would have to leave and apply for a settlement visa as a spouse of a British citizen, something you don't want to do and reset your immigration clock and start again

[angellegwen]

my advice is to book an appointment with an OISC immigration advisor and ask them of your concerns. Just pay an hour of their time, have all your questions answered and know where you stand for the 2018 and give your mind at rest.