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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Thomas, I'm a (female) Slovenian Citizen, living in London years now and a

Resolved Question:

Hi Thomas,
I'm a (female) Slovenian Citizen, living in London for 9 years now and am engaged to a (male) Mexican citizen who has also stayed in the UK for 9 years.
We are not in a rush to get married, especially since he was on the verge to apply for a UK citizenship. Question is, 1) could he apply for one now? and 2) if we get married (which would be great since a baby is on the way) would that reset his status in any way and would he have to wait again for another 5 years to fulfil the residence requirement?
At first he was working in the UK (Nov 2006-Sep2008) at an IT company he was sent to from Mexico but after the recession he had to stay in the UK as a student in order to stay at all. He married a Polish girl years ago and he had the status of a "Family member of a European citizen" if I got that right. They were married for 4.5 years up to the point when the divorce was final (which was in July 2014). After that he had the Retained Right of Residence which is still running
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Basically, if he has retained his treaty rights then if I were him I would probably sort out his status first and then marry you after he has PR. This is just because it is simpler this way.
So, I would apply for PR on the basis that he has retained his treaty rights now. Once he has this he can then marry you.
Once he has held PR for 12 month he can then apply for naturalisation provided that he meets the criteria on the following page:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
The reason why he should apply for PR, rather than just assuming that he has it is because the fee for it is very low (£80 I believe) compared to the fee to naturalise (about £1000.00). So, if the home office have any difficulties with his PR status then you want to know about it by applying for PR rather than when he applies for naturalisation because you would lose more money this way).
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
By PR you mean Permanent Residence?
I think I understand.
It's just a shame though because I was hoping to go with him to Mexico for a while to his family when the baby comes, I could really use the help. But that would interfere again with his residence requirement.
It's food for thought.
Thank you very much for your time and expertise!
Kind Regards
Dasha
Expert:  Thomas replied 1 year ago.
Hi Dasha,
I mean Permanent Residence, yes.
You're welcome. Please remember to leave feedback.
Kind regards
Tom
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