Fair Lady

Thank you so much for all your comments. I have just checked on here this evening so sorry for my lack of comments.

Just to give a bit more background. Before my husband and three children received their UKRC in February, we received a letter from HO requesting more information. This is a new requirement since November 25th 2016, in which the British citizen now has to prove they are working or self-sufficient or seeking a job. If you are interested there is more information about this on this website.

BritCits : Surinder Singh changes - SI 2016/1052

I returned evidence stating that I am self-sufficient and my husband's income can support our family. We also had to take out private health insurance. A few weeks later, they were issued with the EEA residence cards. We had contacted a lawyer at the time to ask for advice and they were very much aware of this new requirement and it was during the conversation that they suggested the option of switching to spouse visa if we were granted UKRC.

Our friends who also went through the SSR were denied UKRC even though they had sufficiently met the requirements of exercising treaty right and proving COL and had moved to the UK with both UK Family permit and Irish RC. They have since returned to the US. The majority of families now applying for UKRC are being denied. We were fortunate.

That being said, speculation is that after the five years, (which is actually four years away for us now after already being here for a year), obtaining PR could prove difficult because HO are already making UKRC difficult to obtain even after successfully completing SSR. ( I do appreciate that HO are trying to prevent those who have not lawfully completed SSR by being more rigid than before but there are genuine families who have exercised their treaty rights and satisfied COL and still being refused).

I appreciate what you said about not paying out thousands for Spouse visa, (three children would also be included because we cannot get citizenship for them because their adoptions were not Hague at the time of adoption..... another story). Obtaining PR in just four years will only cost 65 pounds each. However, should we get to that point and need to switch to spouse visa like you suggested, the clock would then start ticking towards FLR or ILR (not sure which) and we'd have to wait another five years form that time, is that correct? The question we are facing is whether to switch now so that we are closer to obtaining permanent right to remain here.

One more question. Is PR or ILR the same as Citizenship? Or do we have to wait several more years for my husband to finally obtain citizenship after PR is granted? That is where I am confused. My husband had ILR which was issued in 1999 but he lost it when we moved to the US in 2010 and the law as you know, changed in 2012 which we were not aware of until 2013.

Thank you again for your help.

SanDiegogirl

Neither PR nor ILR is Citizenship. Once your husband has PR/ILR then he is able to apply for Citizenship immediately.

At whatever point you apply for the spouse visa that is when the 5 year period starts to obtaining Indefinite Leave to Remain.