from US to Albania

[flower999]

I am Lithuanian and my husband is Albanian. I am in US illegal; but my husband is working his way towards the papers. Whether he gets them or no, we decided to go to live in Europe. My passport is expired and he doesn't have any (it was taken away in Canada). My questios:
1. what problems could we face leaving US?
2. would they let me to enter Albania (as his wife) with an expired passport and do I need any visa?
3. if we went to Lithuania first, would they let him in as my husband?

Well, i hope I didn't make that too confusing. Thank you very much for any information regarding these matters.

[JAJ]

The economic and social prospects for Lithuania are a lot more positive than those for Albania. But you should know that already?

Why not sponsor him into Lithuania? Or alternatively if you can find a job elsewhere in the EEA (eg Uk or Republic of Ireland) maybe you could sponsor him for a visa there?

[John]

maybe you could sponsor him for a visa there?

Technically of course her husband would not need a visa ... he would need an EEA Family Permit ... which is distinctly easier to get ... and free to apply for.

Getting new passports? Flower, can't you and your husband approach your respective embassies in the US and get new ones? Otherwise how are you ever going to get out of the US?

It appears your husband is legally in the US. If that is the case then once the two of you have new passports, he could apply for a UK-issued EEA Family Permit in the US, and then the two of you could fly to the UK to live and work. You would need to register under the Worker Registration Scheme because you are a national of an A8 country, but having done so both of you would be able to work in the UK.

[JAJ]

maybe you could sponsor him for a visa there?

Technically of course her husband would not need a visa ... he would need an EEA Family Permit ... which is distinctly easier to get ... and free to apply for.

Isn't an EEA permit a visa (by any sensible definition of the term?)

It appears your husband is legally in the US. If that is the case then once the two of you have new passports, he could apply for a UK-issued EEA Family Permit in the US, and then the two of you could fly to the UK to live and work. You would need to register under the Worker Registration Scheme because you are a national of an A8 country, but having done so both of you would be able to work in the UK.

Of course an EEA permit is not the end of the road - anyone serious about living in the UK long term needs to acquire at least Indefinite Leave to Remain after a few years, which opens up the possibility of becoming a naturalised British citizen.

[Kayalami]

ILR is not in iteslf a pre-requisite for naturalisation.

The requirement in the BNA 1981 is that the applicant be free from any time restriction. This includes overseas applicants, illegal entrants, those exempt from control, several categories of EEA nationals even where no ILR is held, those in whom Sec 3c of the 1971 Act is place etc. By default some of the other BNA requirements such as 'to not have been in breach of the rules' negates some of these status e.g. illegal entrants etc.

Likewise that no ILR is held would likely see a refusal under the relevant immigration act in place (pursuant to there being a reason why ILR is not held) with the (refusal) again impacting on the naturalisation rules.

[ppron747]

...Of course an EEA permit is not the end of the road - anyone serious about living in the UK long term needs to acquire at least Indefinite Leave to Remain after a few years, which opens up the possibility of becoming a naturalised British citizen.

Isn't that a bit prescriptive, JAJ? AIUI, it's perfectly feasible to live in UK for more or less as long as you want, as an EU/EEA national living a 'normal' lifestyle.

As the Home Offic website has it "They and their dependants may remain here to work (without requiring work permits) and, provided they are not dependant on social security, may reside as a student, retired person or in any other capacity. EEA nationals may still be excluded or deported but only on the grounds of public policy, public health or public security".

ILR is an option that is open to people, but I don't think it is "needed" within the usual sense of the word. It is normally required for naturalisation, but I think the reality is that some poeple aspire to gaining British nationality and others don't; they remain content to live here without making that leap.

Just my $0.02

[JAJ]

...Of course an EEA permit is not the end of the road - anyone serious about living in the UK long term needs to acquire at least Indefinite Leave to Remain after a few years, which opens up the possibility of becoming a naturalised British citizen.

Isn't that a bit prescriptive, JAJ? AIUI, it's perfectly feasible to live in UK for more or less as long as you want, as an EU/EEA national living a 'normal' lifestyle.

As the Home Offic website has it "They and their dependants may remain here to work (without requiring work permits) and, provided they are not dependant on social security, may reside as a student, retired person or in any other capacity. EEA nationals may still be excluded or deported but only on the grounds of public policy, public health or public security".

I was specifically referring to a non-EEA family member of an EEA citizen in the UK. That person, up until the point of getting ILR, can be in a difficult situation in the UK if the relationship breaks down.

As for those with EEA citizenship, clearly there's no immediate priority to get ILR. But those without it may enounter problems longer term, such as if they want to claim public funds.

There's also the more fundamental question as to why anyone would want to live in a country *long-term* and not wish to become a citizen in due course?

[JAJ]

ILR is not in iteslf a pre-requisite for naturalisation.

The requirement in the BNA 1981 is that the applicant be free from any time restriction. This includes overseas applicants, illegal entrants, those exempt from control, several categories of EEA nationals even where no ILR is held, those in whom Sec 3c of the 1971 Act is place etc. By default some of the other BNA requirements such as 'to not have been in breach of the rules' negates some of these status e.g. illegal entrants etc.

This is true, however the reality is that since the Immigration (European Economic Area) Regulations came into force on 2 October 2000, the majority of EEA/Swiss nationals in the UK are *not* considered settled for nationality purposes unless they make the effort to obtain ILR.

There was no 'grandfathering' in the rules from 2 Oct 2000, which applied to those already in the UK. Therefore a child born in the to German parents on 1 September 2000 is automatically British, while one born on 1 November 2000 (as a rule) is not and will need to be registered under s1(3), 1(4), or 3(1) of the Act. Similarly, German or other EEA nationals who applied for naturalisation before 2 October 2000 were not required to have ILR, from 2 Oct 2000 this requirement was imposed even if they had been resident in the UK for many years.

The most significant category of EEA nationals exempt from the 2000 restrictions is Irish citizens, because of the Common Travel Area rules. This is not well publicised by the Home Office, however.

[ppron747]

...Of course an EEA permit is not the end of the road - anyone serious about living in the UK long term needs to acquire at least Indefinite Leave to Remain after a few years, which opens up the possibility of becoming a naturalised British citizen.

Isn't that a bit prescriptive, JAJ? AIUI, it's perfectly feasible to live in UK for more or less as long as you want, as an EU/EEA national living a 'normal' lifestyle.

As the Home Offic website has it "They and their dependants may remain here to work (without requiring work permits) and, provided they are not dependant on social security, may reside as a student, retired person or in any other capacity. EEA nationals may still be excluded or deported but only on the grounds of public policy, public health or public security".

I was specifically referring to a non-EEA family member of an EEA citizen in the UK. That person, up until the point of getting ILR, can be in a difficult situation in the UK if the relationship breaks down.

As for those with EEA citizenship, clearly there's no immediate priority to get ILR. But those without it may enounter problems longer term, such as if they want to claim public funds.

There's also the more fundamental question as to why anyone would want to live in a country *long-term* and not wish to become a citizen in due course?

cheers, JAJ - I clearly misunderstood the meaning of the word "anyone"