Dependent visa after getting PR(eea4)

[sameer2012]

Hi I would like to ask that one of friend gets PR(permanent residence) after 5 year on the basis of his marriage with eea national.The couple is already divorced now my friend wants to marry again in his home country.what visa her new partner will get eith its 2 years spouse visa or 5 years spouse visa(base on eea4 permanent Residence).
Please guide me if you can provide any link regarding this would be great.thanks

[nonspecifics]

If a non-EEA national has acquired PR through marriage to an EEA national that makes him a permanent resident of the UK.

It does not make him an EEA national in his own right.

Thus, if he then wants to sponsor a fiance or spouse when he has P R of the UK, then he would have to do it under the UK immigration rules not under the EU route.

http://www.ukba.homeoffice.gov.uk/polic ... vilpartne/

[sameer2012]

If a non-EEA national has acquired PR through marriage to an EEA national that makes him a permanent resident of the UK.

It does not make him an EEA national in his own right.

Thus, if he then wants to sponsor a fiance or spouse when he has P R of the UK, then he would have to do it under the UK immigration rules not under the EU route.

thanks for the information. so what it means that his partner will get 2 years spouse visa.am I right?

[nonspecifics]

For further information on UK visa questions it's best to ask in the UK immigration forum or the moderators will move your post and criticise.

[mobio]

nonspecifics

I am not sure about what you just said:

''If a non-EEA national has acquired PR through marriage to an EEA national that makes him a permanent resident of the UK. if he then wants to sponsor a fiance or spouse when he has P R of the UK, then he would have to do it under the UK immigration rules not under the EU route. ''.

I am not very verse in immigration law, however having PR should allow anyone to use either immigration law or European law to sponsor a spouse. What you need to understand is that PR is obtained through EU law while ILR is through immigration law. The difference is between 2 years spouse visa (which costs a lot of money) and the 5 years visa that would take the spouse to get to PR status.

I hope some Gurus could shed some light on this issue.

[vinny]

For further information on UK visa questions it's best to ask in the UK immigration forum or the moderators will move your post and criticise.

Topic moved.

nonspecifics is correct.

[mobio]

For further information on UK visa questions it's best to ask in the UK immigration forum or the moderators will move your post and criticise.

Topic moved.

nonspecifics is correct.

Regarding the topic if the new PR holder could marry under the EU law or the UK immigration law. I called the UKBA and they confirm that a PR holder could marry using the EU law with a non-EAA partner.

Now I don't know if the person needs to be inside the UK or outside the UK.

[sameer2012]

For further information on UK visa questions it's best to ask in the UK immigration forum or the moderators will move your post and criticise.

Topic moved.

nonspecifics is correct.

Hi can you please tell where this topic moved so i could get help from my seniors.thanks

[Greenie]

For further information on UK visa questions it's best to ask in the UK immigration forum or the moderators will move your post and criticise.

Topic moved.

nonspecifics is correct.

Hi can you please tell where this topic moved so i could get help from my seniors.thanks

if you can post in and view your topic then you can see where it has been moved to.

you have already been given the answer and referred to the relevent guidance. your spouse needs to apply under the immigration rules for leave to enter as your spouse.

[nonspecifics]

An EEA national who also has PR in the UK can choose to apply under the EU Directive or UK immigration law, so maybe that's what UKBA meant.

A non-EEA national who has acquired PR in the UK through being legally resident in the UK under EU law is still a non-EEA national.

He now has Permanent Resident status which gives him rights under UK immigration law.

This gives him the right to sponsor under UK immigration law as already explained.