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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I have complicated scenario but the gist of it is I

Resolved Question:

Hello, I have complicated scenario but the gist of it is I am married to a French man (in 2009) and so have a Visa as a family member of an EEA National which expires tomorrow. Based on some (in hindsight) bad advice we were told that if my husband has British citizenship I could get my citizenship faster. Don's ask me about the logic of that I was too long ago. My French husband obtained British citizenship in January of 2014. I am in the process of trying to get a permanent visa but have been told by the agency that I instructed to fill out the forms for me that since my husband became British in 2014 that effectively made me an illegal alien and that I have now overstayed my Visa since January 2014. We have bought a massive house and are in the process of adopting two British children and I need to start a new job Monday and so as you can imagine we are now into complete panic mode! Is this information correct?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. No, this information is not correct. I assume that your French husband did not renounce his French citizenship when he obtained British citizenship, so your visa continued to be valid. This person advising you is doing so badly. Dual citizenship occurred, not renunciation of his French citizenship. So you are OK. 2. I assume the reason someone told you that by getting British citizenship, you, as his wife, could obtain British citizenship within 3 years, as opposed to five years, if he didn't become British. However, if you have already lived five years in the UK - since 2009?? - you would be able to apply for citizenship anyway.
Expert:  Buachaill replied 1 year ago.
3. For what it is worth, you seem to have been advised by someone who really doesn't understand UK Immigration law.
Customer: replied 1 year ago.
Yes, correct my husband has not given up his French Citizenship. We were married in December 2009 but did not get the family visa until October 2010 as it took that long to process. I was applying for permanent residency based on him being an EEA National but then the issue came up regarding his British Citizenship. Should I ask the company to go ahead and submit the application (EEAPR)? They have all of the paperwork and our passports so desperate for the correct advice as the deadline to apply is tomorrow.Facts: My husband entered the UK officially the UK in 2006
I came the the UK in 2007 under a work visa
Married in December of 2009 and applied for family visa
My Visa obtained in October 2010
Husband obtained British Citizenship in January 2014 - Passport dated May 2014
My visa expires October 6th 2015
Engaged this company to apply for what I thought was indefinite leave to remain but was advised to do EEAPR
Not in a mess as deadline is tomorrow and they have advised I am here illegally??
Customer: replied 1 year ago.
btw - I am a US Citizen
Expert:  Buachaill replied 1 year ago.
4. You are not in the UK illegally. You would have to overstay the visa you obtained in October, 2010, by in excess of 28 days in order that you would become illegal. Your family visa did not become lead to you becoming illegal merely because your French husband took out UK citizenship. Subsequent change in status of one person does not thereby invalidate the immigration status of those family members dependent upon that person. Invalidity only occurs on the expiry of the visa. There is no boomerang effect merely because your husband had an additional citizenship layer as he retained his French citizenship upon which your visa was based. My own view is that this visa agency is touting for business!!
Expert:  Buachaill replied 1 year ago.
5. You should go ahead and apply for permanent residency on the basis of your five year EEA visa. This will lead to citizenship within a year which will render future visa applications irrelevant. Additionally, by section 3C of the Immigration Act, 1971, once you make an application for settlement based on your existing EEA Family visa, you automatically can stay in the UK until this visa application is dealt with. So any argument about your visa running out is irrelevant. Don't be letting this visa agency put the wind up you - for a higher fee!! They see Americans as being the rich end of the business.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank You!!