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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have been married for 4 years to an EU citizen who has now

Resolved Question:

I have been married for 4 years to an EU citizen who has now naturalised as a british citizen,she got naturalized this month,am I eligible to apply for indefinite stay or citizenship now.since its said on home office website that i can apply after being married to a british citizen for 3 years.

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What visa do you currently have in the UK and when did you arrive here?
Customer: replied 3 years ago.

I currently have a UK residence permit which is valid for 5 years and i have 1 and half years remaining on my resident permit,i arrived here 4 years ago

Expert:  UKSolicitorJA replied 3 years ago.
Thank you,

You will obtain permanent residency once you have spent 5 years in the UK as a family member of an EEA national.

So, you will get PR automatically after 1.5 years and you may then apply immediately for British citizenship based on your husband being a dual British EEA national.

Hope this helps

Customer: replied 3 years ago.

So EU laws still applies to my case even though my wife is a british citizen at the moment and holds a british passport now also we have been married for 4 years ?

Expert:  UKSolicitorJA replied 3 years ago.
Although not dealt with in Home Office policies, your husband previously exercised treaty rights so it would be absurd to not allow you to continue under your EEA route and force you to go under UK immigration route which would mean you have to spend another 5 years at great cost before you would obtain ILR as opposed to waiting for 1.5 years to get PR at no cost.

Once you get PR, you are free of immigration control in the UK and can apply for British citizenship immediately as you will have been in the UK for more than 3 years at that point.

All the best and please remember to rate my answer.

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