[chris990]

Hi,

One very quick question. I am a EU national, with permanent residence, about to apply for UK citizenship. My wife is a non-eu national with a residence card based on our marriage. She got that in June 2017, although we had been married since June 2015, she was here with a family permit from June 2015 until she got a residence card in June this year. Now, since I’ll change my status in the meantime, and become a British Citizen, will she be able to take the other route and apply for ILR after 3 years of residence based on me being British, or will she have to wait for 5 years and apply for Permanent residence (though I’m aware this might change because of Brexit). If she can apply after 3 years for ILR, can we count the time since she got into the UK the first time with FP, or does her residence count from the moment she got her residence card?

Thanks for your help.

 

[Joppa]

No she can't mix the two. In either case she requires 5-year residence for ILR/PR and then naturalisation. For ILR she needs spouse visa/leave under UK immigration law with financial and language requirement and hefty fees.

 

[chris990]

Thanks for your reply. It makes sense that both can?t be mixed, and applying under the EU Is better, but I guess nobody knows what the rules will be after Brexit. How does it work at he moment, does the time count from the first Family Permit or from the moment she got the Residence Card?

Thanks