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Hi Raluca. I don't really need a blue card because I don't intend to work employed for someone else...I'm ok with my self-employed status. My wife has full working rights and visa until 2010. I've joined this board for help not for someone to try to sell me consultan.cy. Thanks anywayRaluca007 wrote:Hi Houser. As I said before, you can apply for a blue card which gives you the right to work here with no restrictions under the basis that you have legally worked here for more than 12 months. After you get urs, you can apply for ILR and our wife can apply for it her blue card, as a dependant. I'm not 100% sure being that that ur situation is a bit more complicated.
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You are an EU citizen. In general the cheap and easy route for you is to apply for a Permanent Residence Card after 5 years in the UK. This is a free application, and depends pretty much solely on whether you have worked (or otherwise exercised treaty rights) for those 5 years.houser wrote:I've been living in UK since 2002, I've received the self-employed 1 year visa in 2003, then the 3 year visa in 2004 as self employed. Then 2007 came and Romania joined the EU. I got married in 2006 November and my south african wife received a 5 years dependent visa in Feb 2007 and I received the 'yellow card' showing that I can be a self employed person in UK. Next year in Feb my wife's visa is expiring and we want to apply for ILR together with our 3 year old son which has a romanian passport. Please advise what form should we use to do that. Thanks
Do the results expire? (I would hope not, but who knows...)John wrote:Correct, but no harm has been done in getting the pass certificates. They can be used when applications are made for Naturalisation.
Eea3 for you and eea4 for your wife.houser wrote:Thank you both for your reply. Just to get this straight - EEA3 for me and my son ( he has Romanian passport) and EEA4 for my wife - South african passport. Will the PR card give us the full working rights in UK? Also how long do we need to wait to apply for naturalisation and British passport? Should we apply now ( 2 months before) or do we need to wait until 1.01.12? Can we send both applications in 1 envelope? - it is the same Liverpool address
PR will make absolutely no difference to voting rights.PR will give you all right as British Citizen, except right to vote in general election.
It is not worth bothering with EEA3 for the son.How old is your son? He need to be at least 5 years old whe you submit his eea3.
If she wants to be working and is already, then she is set.houser wrote:She is employed. Does it matter?
Dear AllJohn wrote:PR will make absolutely no difference to voting rights.PR will give you all right as British Citizen, except right to vote in general election.
An EU Citizen will have already got the right to vote in all elections apart from UK Parliamentary elections, unless they are from a Commonwealth country or Ireland, in which case no voting restriction.
A non-EU person, with or without PR, no right to vote, unless they are a Commonwealth Citizen.
It is not worth bothering with EEA3 for the son.How old is your son? He need to be at least 5 years old whe you submit his eea3.
Hard to tell why your solicitor is advising ILR. Why did he say it was "better"?houser wrote:Just had a discussion with a solicitor/ accountant that deals with applications for ILR and PR for EU citizens, he advised me that its better to apply for ILR for a romanian instead of PR card. He said that HO are asking for a lot of paperwork for PR and there is a long waiting list. From the EEA3 and EEA4 applications looks like we dont need too many papers...is he advising this just to make money?
Also my wife's visa is expiring in Feb next year - should we apply after Christmas or before? Is there a limit on the PR card?
Directive/2004/38/EC wrote: Also my wife's visa is expiring in Feb next year - should we apply after Christmas or before? Is there a limit on the PR card?
Thanks for your reply Obie!Obie wrote:The advice given by your solicitor does not make any sense. It beggars belief that a solicitor can give such an advice.
Firstly your wife cannot apply for ILR, the reason why i said so is because , she was not previouisly issued with a leave to remain but rather a residence card. Except she has had leave before under national rules, and has now accrued 10 years of lawful residence in total, she will not succeed in such an application.
As an EU national, which is your status, you don't require ILR neither can you be issued with an ILR, as EU citizens don't require it, and cannot be issued with same.
I cannot understand why he/she thinks an ILR application is quicker, even if you qualified, as ILR postal application can take as long as a PR application, which has an average processing time of 3-4 months, except a premium application.
I am of the view that the best and only (not completely sure) option available to your wife is a PRC application, and in your case only a PR application.
Although the guidance for long residence does state that discretion should be exercised in favour of applicants who fulfil all the other requirements of the Rules, where their 10-year residence includes periods under the EEA regulations, I cannot see why you would want to make an ILR application in those circumstances when you will acquire PR in any event.Permanent residence under EU law is a right provided by Directive 2004/38/ec to all EEA Nationals and their family members. To be a permanent resident under EU law you must have resided in a member state, as an EEA national, exercising a treaty right, for five years. As Bulgaria and Romania joined the EU on 1 January 2007 Bulgarian and Romanian Nationals will start to become permanent residents of the UK under EU law from 1 January 2012.