- 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
I don't know the time scales, probably the same - she might be called for interview for the spouse visa, though.lenny-v wrote:I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.
Do both visa's take the same amount of time, does anyone now the timescale? I assume its just formalities of filling in forms, providing necassary paperwork and waiting for approval?
Bear in mind you will lose your Permanent Resident status in the U.K. after 2 years absence. You can still return on your Dutch passport but that will be as a temporary resident for 5 years.lenny-v wrote:I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.
You would have to pay the foreign fees, then, I am afraid.lenny-v wrote:I've been out of the UK for 1 year, she would like to study as soon as possible with 6 months of us returning to the UK which will be around July 2008.
I think processing times are similar. In theory, the EEA Family Permit should be handled faster, but that may not always be the case.Do both visa's take the same amount of time, does anyone now the timescale? I assume its just formalities of filling in forms, providing necassary paperwork and waiting for approval?
Check http://www.ukcosa.org.uk/files/pdf/info ... s_ewni.pdf . I think she needs to reside in Europe for 3 years for purposes other than studying.lenny-v wrote:After what period of time can she pay home fee's?
If you can demonstrate employability, that should not be necessary. And actually the money should be sufficient, too, at least under EU law.As I will be looking for work on my return should I wait to make the application after a period of employment in the UK?
No, you will have permanent residence even if you did not apply for it.I have been a resident in the UK for the last 12 years, working and paying NI although never applied for resident permit, will this affect our application in any way?
If you want to apply for naturalisation as a British citizen, you would qualify in 2009 or 2010 (depending on when you return). Netherlands don't allow dual nationality in your case, so you should be aware that you would lose your Dutch citizenship if you wish to become British.lenny-v wrote:After what period of time can she pay home fee's?
As I will be looking for work on my return should I wait to make the application after a period of employment in the UK?
We have around 20K in saving and I have kept on my rented accommodation in the UK while here in Vietnam.
Apart from my 1 year spell in Vietnam now. I have been a resident in the UK for the last 12 years, working and paying NI although never applied for resident permit, will this affect our application in any way?
This is a misleading comparison, with respect.sakura wrote: Permanent Residency (PR) is given to people using the EU regulations and is automatic and free. The EEA residence card can also be retained even when partners separate or divorce.
Indefinite Leave to Remain (ILR) is given under UK immigration laws and is not automatic or free - if you don't make a timely application you would be classed as an overstayer and could be asked to leave the UK. A spouse visa cannot be retained in the event of divorce, and if separated the spouse might not be able to obtain ILR. Spouse visa holders also need to take a test to obtain ILR.
It's not quite the same as British - for example, there is always the risk that immigration control could be reimposed and you might find your British passport doesn't let you live in the Netherlands.lenny-v wrote:.... I don't mind losing Dutch nationality, its the same as UK.
I'm 33 moved to UK when I was 19
Yes I know that based on circumstances people on the EEA permit might not be able to stay. I should have put "might also be able to retain residency" rather than 'can also be retained". It's not a definite. So excuse me on that one.JAJ wrote:This is a misleading comparison, with respect.sakura wrote: Permanent Residency (PR) is given to people using the EU regulations and is automatic and free. The EEA residence card can also be retained even when partners separate or divorce.
Indefinite Leave to Remain (ILR) is given under UK immigration laws and is not automatic or free - if you don't make a timely application you would be classed as an overstayer and could be asked to leave the UK. A spouse visa cannot be retained in the event of divorce, and if separated the spouse might not be able to obtain ILR. Spouse visa holders also need to take a test to obtain ILR.
It is wrong to suggest that those on EEA status can automatically stay if they separate or divorce. It depends on circumstances.
It's also wrong to suggest that those on spouse visa who separate/divorce have to leave. Again - depends on circumstances.
And it omits the different timescale to get permanent residence - 5 years on EEA family permit, 2 years on spouse visa.