- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Clearly she should come to the UK!EEA Family Permit Granted for UK entry. What next????
Is it her who is supposed to be exercising the Treaty rights, or her husband, who is the EU national? If, say, she was a housewife, would she not still be entitled to apply for a residence card on the EEA2 form, as long as her husband was still exercising his Treaty rights?John wrote:EEA Family Permit Granted for UK entry. What next????
After that, after it is clear she is exercising EU Treaty Rights in the UK ....
Technically, yes, it is the EEA family member who should be exercising the treaty right and if the EU member ceases to exercise the right in the first 2-3 years (depending on the case) the non-EEA member will not be allowed to stay even if the non-EEA is exercising the treaty right.Rozen wrote:Is it her who is supposed to be exercising the Treaty rights, or her husband, who is the EU national? If, say, she was a housewife, would she not still be entitled to apply for a residence card on the EEA2 form, as long as her husband was still exercising his Treaty rights?
No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.
Hi JohnJohn wrote:No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.
Also, no applications actually needed, given that under the terms of the EU legislation that came into force on 30.04.06, the PR is given automatically, without application. For the submission of forms EEA3 and EEA4 is voluntary, and will give no extra rights, but mere confirmation of the rights held.
4. Spouse is also a British citizen, so this does not apply. No additional 12 month waiting period for spouses of British citizens.IMMIGRATION LAWYER wrote:Hello,
1. EEA FP first (6 months visa)
2. EEA2 application next (5 years visa; but depends on yoru status/work in the UK)
3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.
4. Make it 12 months - both of you (under the current legislation) will be able to apply for naturalization.
Your partner is a Czech citizen. After you both spend 5 years in the UK, you are given PR automatically. You don't need to apply for it. One year after, in 2010, you can apply for naturalisation. BOTH of you need to take the Life in the UK test for that.RayJay wrote:Hi JohnJohn wrote:No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.
Also, no applications actually needed, given that under the terms of the EU legislation that came into force on 30.04.06, the PR is given automatically, without application. For the submission of forms EEA3 and EEA4 is voluntary, and will give no extra rights, but mere confirmation of the rights held.
Just a question. We have 5 years resident permit issued in Nov 2004. if we do not apply for PR in 2009, you mean we can apply straight away for naturalisation in Nov 2010 without the need of PR documents and passing the Life in UK test.
Also Is there any BIA link please if any.
Thanks
Lets get it right, what John says is only applies because one of OP is British National?sakura wrote:Your partner is a Czech citizen. After you both spend 5 years in the UK, you are given PR automatically. You don't need to apply for it. One year after, in 2010, you can apply for naturalisation. BOTH of you need to take the Life in the UK test for that.RayJay wrote:Hi JohnJohn wrote:No, don't apply for ILR .... apply for PR! The distinction now is important, given that applicants for PR do not need to pass the Life in the UK Citizenship test before applying.3. Make it totally 5 years in the UK and apply with her for ILR (both of you must be economically active) - EEA3 and EEA4 applications.
Just a question. We have 5 years resident permit issued in Nov 2004. if we do not apply for PR in 2009, you mean we can apply straight away for naturalisation in Nov 2010 without the need of PR documents and passing the Life in UK test.
Also Is there any BIA link please if any.
Thanks
What? Well let's just say that is not my opinion at all.Lets get it right, what John says is only applies because one of OP is British National?
No, but they will need to have Permanent Residence status, and if not married to (or in Civil Partnership with) a British Citizen to have held that PR status for at least one year.It clearly says that ILR need not be held by EEA nationals and by default the family members as well.
John, nice of you to pick on that, and I know that it is the general interpretation as well. But a look at 7.4(i) of Annex B to Chapter 18 of naturalisation instructions says that:-and if not married to (or in Civil Partnership with) a British Citizen to have held that PR status for at least one year.
So, as long as an EEA/Swiss national isn't reading what I have just disclosed, they donot have to wait that one year on PR/ILR/No time Limit! One of those times when ignorance truly is bliss?Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:
.
.
.
(i) if the applicant is a national of an EEA country or is a Swiss national, we are satisfied that he or she was genuinely unaware of the need to satisfy this requirement.
Interesting theme.Docterror wrote:Technically, yes, it is the EEA family member who should be exercising the treaty right and if the EU member ceases to exercise the right in the first 2-3 years (depending on the case) the non-EEA member will not be allowed to stay even if the non-EEA is exercising the treaty right.
But practically, it can be the either of them as a distinction is not made at the PR processing stage of the individual.
Also, a house wife will also be eligible for a Residence Card if the EEA husband/partner is working.
I think that only applied to cases where those who had been resident in the U.K. for 5+ years on 30.04.06 made a naturalisation application between 01.05.06 and 30.04.07.Docterror wrote: (i) if the applicant is a national of an EEA country or is a Swiss national, we are satisfied that he or she was genuinely unaware of the need to satisfy this requirement.
So, as long as an EEA/Swiss national isn't reading what I have just disclosed, they donot have to wait that one year on PR/ILR/No time Limit! One of those times when ignorance truly is bliss?
Which would mean that they set up that entire part of the law just for applications for an year while they could have easily send it back and asked to apply for it 1 year later.JAJ wrote:I think that only applied to cases where those who had been resident in the U.K. for 5+ years on 30.04.06 made a naturalisation application between 01.05.06 and 30.04.07.