NEW RULE PR FOR EU NATIONALS

[PAPITO]

Hello

As I understand all EEA nationals will get PR after 5 years without the need to apply with EEA3.
If I am german living 5 years in November and my wife and step daughter non-eu member dependant living now 4 years with family permit expiring in 2009 (they joined me a year after I came to the UK).

Is it better to not apply for ILR and wait 'till I have 6 years to apply for citizenship? and them as British citenzen apply for my family for citizenship?
or should I apply for ILR in forms EEA3 and EEA4 for me and my family together in November with a letter explaning that as Eu memebr to be granted ILR my family should have same status? or this does not exist?

what worries me is that the rules are changing so many times that form here to next year who knows what new changes come into effect and our status will be delayed more.
But again if I apply for ILR, it will be given in aprox 6 moths and then I'll need to wait 1 year after the date it was granted, instead waiting to have 6 years may be quicker!!!

Many thanks for your advice

[JAJ]

Hello

As I understand all EEA nationals will get PR after 5 years without the need to apply with EEA3.
If I am german living 5 years in November and my wife and step daughter non-eu member dependant living now 4 years with family permit expiring in 2009 (they joined me a year after I came to the UK).

Is it better to not apply for ILR and wait 'till I have 6 years to apply for citizenship? and them as British citenzen apply for my family for citizenship?
or should I apply for ILR in forms EEA3 and EEA4 for me and my family together in November with a letter explaning that as Eu memebr to be granted ILR my family should have same status? or this does not exist?

1. You don't need to apply for ILR because Permanent Residence under the EEA rules amounts to the same thing. You can apply for British citizenship one year later.

2. Your wife/daughter will get Permanent Residence once they have lived in the UK for 5 years.

3. What nationality are your wife & daughter?

4. Do you want to keep your German citizenship upon becoming British? If so, you need to get permission from the German government in advance. That is apparently not so difficult to obtain for Germans in Britain.

[PAPITO]

Thanks for the reply,
My wife and daughter are from South America

But won't the rule change for them once I become British citizen? and they will be able to apply after 2 or 3 years living in the UK?

Or
won't it be easier to apply now in November for ILR and add my family (in a separate application form with a cover letter) so that if as a EU member been granted one status (ILR or PR)) my family will be granted the same?

Thanks

[Docterror]

But won't the rule change for them once I become British citizen? and they will be able to apply after 2 or 3 years living in the UK?

It will. But the drawback here is that you will have to apply for the spouse visa for your wife and then the dependant visa for your children if you want to use that route and spend the 2 years on that to qualify. Time spend under the EU rules as a family member do not count for that!

won't it be easier to apply now in November for ILR and add my family (in a separate application form with a cover letter) so that if as a EU member been granted one status (ILR or PR)) my family will be granted the same?

That is the other drawback with the EU route. Your family will not be granted ILR just because you get it. That happens only under the UK rules. They will have to stay here for a total of 5 years for them to obtain PR and applying with you should end up in rejection. Why should? This is the HO we are talking about and sometimes I get the feeling that they themselves have no clue what rules to apply and when! So, if you were to try and succeed as it is a free application anyway, do come back and let us know. It would be one for the files here!

[PAPITO]

HI
thanks for the reply,

What about the UK citizenship test, as an EU member, I don't need to do it (only for naturalisation)
will my non-eu dependant (wife) have to take the test before applying to ILR?

I've been told by a IASUK advisor over the phone (a year ago) We can apply all together for ILR once I have 5 years, Now I am getting more desperate because rules arechanging many times and we can't wait to see what happens until next year!!!
We were already affected by the chage from 4 to 5 years.

[Docterror]

Your non-EEA family members also do not have to take the Life in UK test for the PR. But they, like you, will have to take it for naturalisation.

[PAPITO]

Once again thanks for your replies

Another question if I may ask!!

If my wife (4 years in UK now) starts Uni as full time student now, will this still be counted towards the 5 years needed for ILR?

and will it be a problem if she applies for student loan and is given grants, etc?

Thanks

[Docterror]

If my wife (4 years in UK now) starts Uni as full time student now, will this still be counted towards the 5 years needed for ILR?

It should be. Plus you will also be exercising the treaty rights during the time, right? Only one of you has to be exercising the treaty rights and is she is a student and you are working, at the time of application for the PR, you can chose to disclose either.

and will it be a problem if she applies for student loan and is given grants, etc?

The PR can be refused if the state can show that your wife have been an 'unreasonable burden on the state resources' and so I do not know how such a scenario will be interpreted.

[JAJ]

Thanks for the reply,
My wife and daughter are from South America

Which country, out of interest?

But won't the rule change for them once I become British citizen? and they will be able to apply after 2 or 3 years living in the UK?

Or
won't it be easier to apply now in November for ILR and add my family (in a separate application form with a cover letter) so that if as a EU member been granted one status (ILR or PR)) my family will be granted the same?

Stop thinking about ILR - it doesn't apply to you.

In November you will become a Permanent Resident automatically. Use can use form EEA3 to get this stamped in your passport.

After 1 year (ie, November 2008) you will be eligible to become a British citizen.

Your wife/daughter will become PRs around November 2008.

As soon as you are a British citizen (early 2009, if you apply straight away), they can become British citizens too.

[sakura]

Once again thanks for your replies

Another question if I may ask!!

If my wife (4 years in UK now) starts Uni as full time student now, will this still be counted towards the 5 years needed for ILR?

and will it be a problem if she applies for student loan and is given grants, etc?

Thanks

When is your wife planning on starting her course?

Has she applied for student loans and other financial assistance? If so, what has been the response from the company (about her status)?

[PAPITO]

Which country, out of interest?

Ecuador

As soon as you are a British citizen (early 2009, if you apply straight away), they can become British citizens too.

How can they become British Citizens? Don't they'll have to wait 1 year with ILR? or their status will change once I am British?
My intentions are to apply now in November that I am entiltled to PR as Eu residing in UK for 5 years and ask for my family to be included too.
I am confuse about regulation 2006 15(1) (a) and 15(1)(f)
My wife will have 5 years in Oct/2008 and my daughter in Feb/2009!!!
Thanks

[PAPITO]

When is your wife planning on starting her course?

Has she applied for student loans and other financial assistance? If so, what has been the response from the company (about her status)?

She will start now in Octuber, she can have the option to do full time or Part time as she is doing 75% of course (degree BA) entering to 2nd year.

We have not applied, will do it now but want to make sure it won't jeopardise her ILR application....
She is classed as Home fees because have more than 3 years in the UK

[JAJ]

Which country, out of interest?

Ecuador

If they want to keep their Ecuador citizenship, they need to check whether this is permitted once they become British citizens.

How can they become British Citizens? Don't they'll have to wait 1 year with ILR? or their status will change once I am British?

Once you are a British citizen your wife can apply for naturalisation if they have:

- ILR/PR (no need to hold it for a minimum 1 year); and
- 3 years legal residence in the U.K.

If your daughter is under 18 at the time she will need to apply for registration based on your wife's naturalisation.

Otherwise she will need to apply for naturalisation independently.

My intentions are to apply now in November that I am entiltled to PR as Eu residing in UK for 5 years and ask for my family to be included too.
I am confuse about regulation 2006 15(1) (a) and 15(1)(f)
My wife will have 5 years in Oct/2008 and my daughter in Feb/2009!!!

They will become PR once they have completed 5 years, as far as I know. Not before.

How old is your daughter?

[PAPITO]

Well now there are news

I applied for Permanent residence and included my non EU wife a daughter (on their applciation) with a covering letter.
On the letter I only said I was applying as a family together, bla, bla, nothing about to consider my status or anything like that

I send them in November and we just received all the passports with residence granted.

I understand this is only at discretion of the Home Office, but then I was lucky to have them all approved.

Please note my wife has only 4 years and my step doughter 3 years residents in the UK.

Now I am looking for the naturalization and British Passport for them.

Not sure if I should become Uk citenzen first, or apply in one year's time
any suggestions?

[JA13I]

Papito, congrats and many thanks for getting back to us with the information.

Since from what I gather you have only been living here for 5 years till the November gone by, I would suggest a wait till November of this year even though the rules says that EEA naturalisation applications made without the knowledge by the applicatnt that he/she has to wait the 1 year on the PR can be approved. Another one for you try if you want!

[PAPITO]

HI, thanks for your reply

But I am more interested for my family to become british citenzens as I am happy with the german one.

I wil apply only if this will accelerate by family naturalization as married to UK citizen

Can we all apply in November?
or
Should I apply myself and then let them apply as marrie dto UK national?
But not sure the time spent in UK as EU rules will count towards UK rules when marrying a UK national..see my point?

PR application was free but now it has a cost

[PAPITO]

another thing, the stamp on my card said issue in January, but my application was in November and 6 years will be in November 2008

[PAPITO]

An update:

Applied using the national checking service ion 10th February 2009 and recevied letter of approval on 25th of March 2009

Happy days....

[SunBlue]

Hey Papito, did your family apply for British Citizenship at this stage? Or was it only you?

Did you wait one year after the stamp date (permanent visa for you all)?