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Austria to England Indefinate leave

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Reddevil
- thin ice -
Posts: 82
Joined: Sun Apr 24, 2011 10:30 am

Austria to England Indefinate leave

Post by Reddevil » Sun Apr 24, 2011 10:42 am

Hi i have recently applied for spouse visa to Austria from Pakistan. MY wife is Austrian National.

I want to to move to England because i have previously lived in England and because i am English speaker not German.

My question is What is the best time to move to England to obtain Indefinite leave in England sooner after getting my spouse visa to Austria.

I am Non EU ( Pakistani National) and My wife is Austrian National as i have Mentioned before.

Thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Apr 24, 2011 12:44 pm

Your wife currently lives in Austria but presumably is willing to move to the UK?

Presuming that to be the case, after 5 years in the UK on a Residence Card, you would be able to apply for PR ... Permanent Residence ... the EU-route equivalent of ILR.
John

Reddevil
- thin ice -
Posts: 82
Joined: Sun Apr 24, 2011 10:30 am

Post by Reddevil » Sun Apr 24, 2011 8:03 pm

Thanks John
Yes she is willing to live in England. She is very excited to move England BTW.

I heard that i can Apply for indefinite leave after 2 years in England. I Would need Further Advice


Thanks John

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Post by terriblescream » Sun Apr 24, 2011 9:18 pm

Reddevil wrote:Thanks John
Yes she is willing to live in England. She is very excited to move England BTW.

I heard that i can Apply for indefinite leave after 2 years in England. I Would need Further Advice


Thanks John
I believe that is if you are married to British Citizen

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Apr 24, 2011 9:35 pm

I heard that i can Apply for indefinite leave after 2 years in England.
That would only apply if you had a spouse visa, and those are only issued to those married to someone "settled" in the UK, such as a British Citizen.

Given you are married to an Austrian citizen who is not currently living in the UK, that route is not available to you.

When your wife gets to the UK, what does she intend to do? Become employed? Self-employed? Or what?
John

Reddevil
- thin ice -
Posts: 82
Joined: Sun Apr 24, 2011 10:30 am

Post by Reddevil » Wed May 04, 2011 9:08 pm

John wrote:
I heard that i can Apply for indefinite leave after 2 years in England.
That would only apply if you had a spouse visa, and those are only issued to those married to someone "settled" in the UK, such as a British Citizen.

Given you are married to an Austrian citizen who is not currently living in the UK, that route is not available to you.

When your wife gets to the UK, what does she intend to do? Become employed? Self-employed? Or what?

She will get employed and we will both be setting up our business

Thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu May 05, 2011 10:49 am

So clearly your wife will be exercising Treaty Rights in the UK, and that is the basis of you also being able to be in the UK exercising Treaty Rights.
John

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