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AFTER EEA2 RESIDENCE CARD

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noble72uk
- thin ice -
Posts: 177
Joined: Mon Jun 15, 2009 11:11 am

Post by noble72uk » Sun Jun 28, 2009 7:33 pm

Hi
Please read carefully and I do believe some folks has advised you already:
1-if your husband wanted to get a british nationality under EU law, he needs to live a continuous 5 years EAA2 and then apply for a (PR) permanent residence EAA4, everything is free of charge, and then after 1 year he can apply for the british nationality which not free.
2- if he applies under UK law for a spouse visa to a british which is your self. he needs to pay £££ the fees for that 2 years visa and then after 2 years he needs to go for a test: the life in britain which cost around £35, and then he needs to pay for the (ILR) indefinite leave to remain he can have it on the same day but trust me is around £700 and on that time when he will apply the fees wont be the same.
so you need to think about it:
for option n:2 is expensive but option n:1 is free.
just to let you know who ever told you that your husband can apply for the British citizenship, in the next weeks or months, is wrong .

To apply for a british citizen ship you need to be free from immigration. mean PR+1 year or ILR+1-year if married to a british.
Kind regards
button2007 wrote:Guru,

thank you for your reply.

So does this mean that my husband can apply for British citizenship for example next week,

If so then great, but how?

button2007
Newly Registered
Posts: 13
Joined: Wed Feb 11, 2009 3:42 pm

Post by button2007 » Sun Jun 28, 2009 8:51 pm

noble72uk

thanks for that,

but since we have had lived together in another eurpoean state, married for 4 years in August, does that not count for anything,

noble72uk
- thin ice -
Posts: 177
Joined: Mon Jun 15, 2009 11:11 am

Post by noble72uk » Sun Jun 28, 2009 9:00 pm

button2007 wrote:noble72uk

thanks for that,

but since we have had lived together in another eurpoean state, married for 4 years in August, does that not count for anything,
Hi

Can you please provide more details: when and where you got married?
where and when 1st applied for the EAA2? mean outside the Uk
when entered the UK?+ if you got any residence from the UKBA when and what says on the passport?

button2007
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Post by button2007 » Sun Jun 28, 2009 9:19 pm

Well september 2003 we got together, August 2005 we married in Italy, daughter born November 2007, In Italy applied for EEA Family Permit and then came to the UK 28 May 2008, and applied for EEA2 residence card end of July 2008, received EEA2 residence card beginning of April 2009

DFDS.
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Location: MIDLANDS.
Contact:

Post by DFDS. » Sun Jun 28, 2009 9:42 pm

Obie wrote:
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?
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.

The Home office will try to suppress people from knowing this or people might think they have to wait until their resident card is expired, but this is certainly wrong.

I know about 3 people who have managed to obtain their permanent resident card through this means.

The person will need to show evidence like tax returns, College letter, Tax assessment over this five year period. If it is proven, then they are entitle to it. Hands on my heart.

The resident card is one of the evidence you can use to prove you have lived in the UK five years, but not the only one.

I hope i have explained it properly.


http://europa.eu/eur-lex/pri/en/oj/dat/ ... 350048.pdf
Obie this leaves me with big home work to do, or else i might loose if i don't persue it! However, i posted you a link on page 1 of this thread, if you find some time scroll and have a look on what SAM X is trying to analyse. Directive 2004/38/EC is as well emphasysing your point.
Thanks.
Relax! and this too shall pass, secrets are like seasons, they change.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Jun 28, 2009 11:57 pm

DFDS. wrote:
Obie this leaves me with big home work to do, or else i might loose if i don't persue it! However, i posted you a link on page 1 of this thread, if you find some time scroll and have a look on what SAM X is trying to analyse. Directive 2004/38/EC is as well emphasysing your point.
Thanks.
Do you think you qualify? Please please pursue it ASAP. I will be delighted for you mate.

I tried that link for Sam X but it took me no where.

I sent something on you private post.

Please keep us posted. I am 100% certain you will succeed. Then again with these people you have to make a 1% allowance.

Good luck Brother.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jun 29, 2009 6:06 am

British citizenship rules are 100% decided by the UK government.

Naturalizing as a British citizen requires time in the UK. If you are married to a UK citizen you must have been physically in the UK for approximately 2.25 of the last 3 years and you need to have permanent residence, either ILR or a PRC. See http://en.wikipedia.org/wiki/British_na ... ralisation for quick details, and the Home Office web site for the full rules.

DFDS.
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Location: MIDLANDS.
Contact:

Post by DFDS. » Mon Jun 29, 2009 10:38 am

Obie wrote:
DFDS. wrote:
Obie this leaves me with big home work to do, or else i might loose if i don't persue it! However, i posted you a link on page 1 of this thread, if you find some time scroll and have a look on what SAM X is trying to analyse. Directive 2004/38/EC is as well emphasysing your point.
Thanks.
Do you think you qualify? Please please pursue it ASAP. I will be delighted for you mate.

I tried that link for Sam X but it took me no where.

I sent something on you private post.

Please keep us posted. I am 100% certain you will succeed. Then again with these people you have to make a 1% allowance.

Good luck Brother.
Thanks Obie, i haven't received the message, however this has opened up my eyes. So grateful for all of you mates on the board, especially when almost all members are going through emotional distress ( you know what i mean )! I know i still have a long way, but every little time i spend on the board, i get enough encouragement, and am drawing closer to my destination. I know desperate times call for desperate answers, but whats important is knowledge.
Relax! and this too shall pass, secrets are like seasons, they change.

DFDS.
Member
Posts: 206
Joined: Thu May 07, 2009 2:23 pm
Location: MIDLANDS.
Contact:

Post by DFDS. » Mon Jun 29, 2009 12:31 pm

Obie private message received, i have studded the link very carefully thanks very much.
Relax! and this too shall pass, secrets are like seasons, they change.

button2007
Newly Registered
Posts: 13
Joined: Wed Feb 11, 2009 3:42 pm

Post by button2007 » Mon Jun 29, 2009 1:43 pm

so what i have been reading from Guru thread, if i think right my husband having EEA2 residence card, can he apply for PRC after 3 years or ILR, and then after 1 year apply for british passsport

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jun 29, 2009 2:31 pm

button2007 wrote:so what i have been reading from Guru thread, if i think right my husband having EEA2 residence card, can he apply for PRC after 3 years or ILR, and then after 1 year apply for british passport
Your husband has to be resident in the UK for 5 years before he AUTOMATICALLY has Permanent Residence under the European rules. At that point he can (optionally) apply for a PR Card.

At that point he will (likely) also have the 3 years of residence in the UK which are required for naturalization as a British citizen.

Best if you carefully read and understand the rules at http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

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