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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I got married when i was romanian my husband is from Iran and

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I got married when i was romanian my husband is from Iran and ge got 5 years visa , 1 year after married i becam british, is that changing anything with his visa?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.
1. The fact you obtained British citizenship does not immediately change the visa upon which your husband is living and working in the UK. However, what it does change is the fact that after three years of marriage to you, measured from the date you obtained British citizenship, your husband will be entitled to Uk citizenship.
Expert:  Buachaill replied 1 year ago.
2. This is because a married spouse of a UK citizen is themselves entitled to citizenship after three years of marriage. Accordingly, your husband will be entitled to claim citizenship earlier than he previously would have been.
Customer: replied 1 year ago.
We married since September 2013 and I'm just wondering if he has to swap his visa , as he got visa base on being family member of eu , this year I became british so I don't know if that change his status , or he still count as EU family member, I'm holding British and Romanian nationality
Expert:  Buachaill replied 1 year ago.
3. The requirements for the family member of a UK citizen are more restrictive than those for the family member of an EEA family member. There is an additional income requirement that your income must be £18,600 or more before your husband would be allowed to live in the UK if you are applying on the basis that you are A UK citizen. Additionally, there is an application fee. For the family member of an EEA person, there is no income requirement and no application fee. So the fact you have become a UK citizen does not improve his visa options. he is better off with the one he has.
Expert:  Buachaill replied 1 year ago.
4. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
We both living and working in UK , someone told us that we have to swap his visa if I change my nationality, so what is bothering us , do we have to swap it or no
Customer: replied 1 year ago.
And what will happen after 5 years when his visa will finished , can the home office cancel his visa base of not telling them that I'm British now.?
Expert:  Buachaill replied 1 year ago.
5. You haven't "changed your nationality". You still retain your Romanian nationality, just you have added British nationality. Stop listening to stupid people. You or your husband doesn't have to change your visa or swap your visa. Secondly, there is no such thing as "not telling them" you're British. They already know!! They gave you British nationality. How could they not know??????? Your husband can choose to have a visa based on your Romanian nationality or your British nationality. You or he don't have to do anything.
Customer: replied 1 year ago.
Thank u for your help, unfortunately the person who told us to swap it was a legal advisor . I was not sure about this as he also told as about the regulation from 2012 which say that I'm not longer considers EU citizen .
Expert:  Buachaill replied 1 year ago.
6. This is not correct. An internal UK law cannot displace a rule of nationality based on EU law. So I would not trust the views of this legal advisor. You do not lose Romananian citizenship or the protection of EU law just because a regulation might say otherwise. You can choose the option here. You have a choice.
Customer: replied 1 year ago.
Thank you very much for your help
Expert:  Buachaill replied 1 year ago.
7. You are welcome. Please be sure to RATE the answer. Best of luck with everything.
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