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Rozen wrote:Ofcourse he can/should have a Residence Card! Depending on the circumstances. Nothing 'strange' about it at all. According to OP's explanation, her husband obviously obtained the EEA2 Residence Card under the Surinder Singh ruling.OmarA wrote:huh, strange, if you are british citizen and your husband is not eu citizen, then he shouldnt have EEA2 residence card.
As long as a British citizen has been exercising treaty rights in another EU member state, they can bring their family to the UK on the basis of EU law. This is from the Singh ruling in front of the ECJ. It is also well described in the UKBA web site.OmarA wrote:huh, strange, if you are british citizen and your husband is not eu citizen, then he shouldnt have EEA2 residence card.
Have you cited any problem so far, which suggests that your husband should switch to UK domestic law? if not, its a matter of 5yrs' waiting, then he qualifies for permanent residency. Am i right?button2007 wrote:I contacted a legal adviser and they advised me that after 2 years i my husband should change to using the uk law.
I am not sure why!
In his passport they stamped the date of entry after our holiday.
Also is it possible for my husband to travel to his home on his oqn, as i asked the officer at the uk border agency where we were stopped and he said that it would not be a problem!!
We would like to know for sure before my husbands goes as we do not want him to run into trouble at the airport if i am not with him
As directive suggested, your husband is better off on EEA resident card, as it is a cheaper, less hassle and straight forward. Except if you want your husband to get Indefinite Leave in two years and get naturalise within 3 years, i will suggest you stay on resident card.button2007 wrote:I contacted a legal adviser and they advised me that after 2 years i my husband should change to using the uk law.
I am not sure why!
In his passport they stamped the date of entry after our holiday.
Also is it possible for my husband to travel to his home on his oqn, as i asked the officer at the uk border agency where we were stopped and he said that it would not be a problem!!
We would like to know for sure before my husbands goes as we do not want him to run into trouble at the airport if i am not with him
It is entirely up to you madam. If you want your husband to naturalise quicker, he would have to leave the UK and apply for a spousal visa valid for 2 years under UK law from the country you came from, because he was lawfully resident there, he doesn't need to go to his home country. Like i said that will cost you a pretty penny.button2007 wrote:What about british passport(when could he apply for this).
We have been in a relationship since september 2003, living together in another European country since March 2004 and married since August 2005 and also a little girl born November 2007, would none of this come into account for applying for my husbands british passport.
this really is our issue right now, as we do not know where we stand .
Obie am sorry for hijacking the OP's thread, just want you to throw more light on >CAN I ALSO INFORM YOU THAT ANYTIME YOU AND YOUR HUSBAND SPENT IN THE UK BEFORE HE WAS GRANTED RESIDENT CARD WILL COUNT TOWARDS THE 5YRS. REQUIREMENT FOR PERMENENT RESIDENT CARD<Obie wrote:It is entirely up to you madam. If you want your husband to naturalise quicker, he would have to leave the UK and apply for a spousal visa valid for 2 years under UK law from the country you came from, because he was lawfully resident there, he doesn't need to go to his home country. Like i said that will cost you a pretty penny.button2007 wrote:What about british passport(when could he apply for this).
We have been in a relationship since september 2003, living together in another European country since March 2004 and married since August 2005 and also a little girl born November 2007, would none of this come into account for applying for my husbands british passport.
this really is our issue right now, as we do not know where we stand .
After 2 years he will have to pass the life in the UK test and then will be granted Indefinite Leave to Remain.
A year after he has obtained the ILR he can apply for British passport.
The advise that you were given ,that after 2 year your husband can apply under British rule is wrong, i'm afraid. He can do that anytime.
Can i also inform you that anytime you and your husband spent in the UK before he was granted resident card will count towards the 5 years requirement for Permanent Resident card.
I am afraid the British will only take into account the time after which you husband had permanent right to reside in the UK. The other factors you mentioned will not be considered.
What i am trying to emphasise is that if for example, her husband was given an EEA family permit which is valid for 6 months, and after that six months he applied for a resident card which took a further 6 months or more to be confirmed. This will add up to 1 year before he receives the resident card.DFDS. wrote: Obie am sorry for hijacking the OP's thread, just want you to throw more light on >CAN I ALSO INFORM YOU THAT ANYTIME YOU AND YOUR HUSBAND SPENT IN THE UK BEFORE HE WAS GRANTED RESIDENT CARD WILL COUNT TOWARDS THE 5YRS. REQUIREMENT FOR PERMENENT RESIDENT CARD<
Regards.
http://www.ukresident.com/forums/suppor ... 93985.htmlObie wrote:What i am trying to emphasise is that if for example, her husband was given an EEA family permit which is valid for 6 months, and after that six months he applied for a resident card which took a further 6 months or more to be confirmed. This will add up to 1 year before he receives the resident card.DFDS. wrote: Obie am sorry for hijacking the OP's thread, just want you to throw more light on >CAN I ALSO INFORM YOU THAT ANYTIME YOU AND YOUR HUSBAND SPENT IN THE UK BEFORE HE WAS GRANTED RESIDENT CARD WILL COUNT TOWARDS THE 5YRS. REQUIREMENT FOR PERMENENT RESIDENT CARD<
Regards.
After 4 years of being on Resident card, he can apply for Permanent Resident card. Permanent Resident card is Issued five years after the couple entered the UK having exercised a treaty rights abroad and not after the resident card was issued.
He can however choose not to apply for resident card and applied for permanent resident card 5 years after they entered the UK , with allowance given to less than 6 months they spend abroad in a year after they entered the UK. That is within their rights.
I hope i make sense.
You have to remember that the Resident card only confirms the right to reside in the UK as a family member of EU national and not a granting of such rights.
DFDS i couldn't find Sam X's post therefore i can't comment on it. If however it state that, i will disagree. Article 16 of the directive which i am attaching to this post states that once Union Citizens have been resident in a member state for 5 years legally( which means no deportation order on grounds of Public Policy, Health or Security), they are entitle to permanent resident certificate or Card if it applies to the Non-EEA family members. It doesn't say 5 years after a Resident Card has been issued.DFDS. wrote:In SAM X's post paragraph 3, he is trying to make an analysis about applying for PR, where he brings in the issue of when the 5yrs resident begins to count. According to him its from when you apply for EEA2, no matter how long you have been a resident. Is he right?
Your residence begins from the moment you arrive in the UK with your EU (normally non-UK but in this Singh case UK) family member.DFDS. wrote:In SAM X's post paragraph 3, he is trying to make an analysis about applying for PR, where he brings in the issue of when the 5yrs resident begins to count. According to him its from when you apply for EEA2, no matter how long you have been a resident. Is he right?
button2007 wrote:Hi there thank you all for your input, but pretty confusing, sorry.
We applied for eea2 the end of July 2008, and received eea2 the beginning of April 2009, so will this count as 1year already we have passed and that we have only 3 years left
Does my husband have to apply for ILR before he can apply for his British passport.
If the ILR does come before naturalistion (passport) does that mean my husband would have to go back to Europe where we were resident before and apply for ILR from there, If so why as he would be leaving his family here.
Are we not able to apply for the ILR here.