Spouse visa for UK via EU nationality

[mcjem]

Hi, this is a question I have sent to UKBA written and email although no reply to date and not holding my breath for a quick reply, so I thought I would ask the question in this community. Thank you for any responses!

I am UK/Swedish citizen and hold a Swedish passport. I will shortly be married to a US citizen and would hope that she could live in the UK with me as she has done for the last 2 years whilst she was a student. She is currently here on a tier4 student visa.

I have looked at the options for a UK spouse visa, although I earn income from the government research councils tax free as a phd stipend so have to earn well over the odds to make up to the gross amount. I annually receive 14000 tax free and earn 4000 a year again tax free doing casual teaching with the university, falling short of the 18600 gross.

In lieu of this I am investigating denouncing my UK citizenship in preference of being treated as a Swedish citizen by the appropriate route with UKBA. My big question before investing time of filling out the forms and the money is will this be an immediate effect in the eyes of UKBA? I cannot find anything to the contrary, however I am left with an uneasy feeling when reading UKBA rules fearing I've missed Appendix XYXXXivpartQ. Will there be any complications when applying for an EEA family permit straight after denouncing my UK citizenship?

I realize this is a fairly common statement although I personally hold no sensitivity towards being British and do intend to live in Sweden after completing my PhD in two years time.

Again thank you for any help!

[mcjem]

Also if anyone has had any success asking this kind of question to UKBA I would be interested to hear how they requested the information

[Joppa]

My take on your situation is that while renouncing your British citizenship will put you in the same category as someone who only has Swedish nationality, you cannot just carry on living in UK and automatically switch from being a British citizen living in one's own country to a Swede exercising treaty rights. You should apply for residence certificate on form EEA1, and re-register as an EU citizen on the electoral register. And you need to check that you continue to be eligible to receive stipend after renunciation.

[mcjem]

Hi Joppa , thank you for your reply! This is consistant with what I have so far researched. In answer to your point about the funding council rules - my funding is for UK/EU students equally so that is not a problem, but a good point to raise.

As far as residing in the UK as a Swede - I expected to have to change my status on the Electoral Role - I think I am currently down as EU citizen at the moment despite being UK too but that is something I will chase up. As far as applying for EEA1 it was my understanding that this is not necessary? although can make things easier. I would apply for this in unison but as I understand for my colleagues who work in the UK and are EU citizens without EEA1 this is not so urgent. Is it the case that I can apply for EEA2 for my partner at the same time as EEA1 for myself ?

On a side note related question - I am curious as to my NI number, would that change as I gather the various letter codes have some significance to the residence status of the person?

Thank you again!

[Joppa]

I advise getting EEA1 residence certificate ti reinforce your status as EU citizen exercising treaty rights. While you can apply fir two EEA documents together, I suggest you get your EEA1 by same-day free service at Croydon and then apply for EEA2 enclosing it or at least quoting its reference #.

[Joppa]

No need to change your NI number (you can't anyway) as letters and numbers mean nothing.

[mcjem]

Thanks again Joppa! I think I confused NINO's with something else - blerg - like everyone on this forum I think I've read to much immigration stuff for the last month and its getting to me. Good to know that I wouldn't need to get it changed based on no longer being non UK though.

Cheers for the EEA1 advice - I gather appointments for it at Croydon are tough at the moment but will keep an eye on them and try to go that route if possible otherwise I will do as Jrge suggested in other posts and put EEA1 EEA2 in the same envelope so they are in the same case worker file in Liverpool.

I think you have put light on all of my questions. Its been tough working this out and if not only on the basis of the paperwork renouncing UK citizenship is not something I would ever opt to do but I cant see any other way whilst earning gross income without tax and UK deciding spouse visas on a gross salary basis. I dont think I would be so keen if I didn't already have, and only ever had, a Swedish passport and have a residence in Sweden!

Cheers!