non-EU citizen's rights in UK under 2003/109 (if any)

[chara]

Hi all,

I am a Chilean worker who has been lawfully resident in the UK for 6 years. Like many others, I (wrongly) thought the 2003/109 EC Directive applied to the UK and was ready to apply for long term residency. More importantly, i was hoping LTR would mean that my (Chilean) husband could come and join me here in the UK as I would would, effectively, be an EU citizen. There's a chance I might move to Spain as it seems easier there to sort out long term residency. A few questions before I arrange for my husband to come over :

1. is it worth pursuing long-term residency for myself here in the UK even though the UK opted out of the Directive?
2. Does my 6 year period here in the UK increase my chances in gaining LTR in Spain or will I have to start all over again and reside there for 5 years?
3.

many thanks

[JAJ]

Hi all,

I am a Chilean worker who has been lawfully resident in the UK for 6 years. Like many others, I (wrongly) thought the 2003/109 EC Directive applied to the UK and was ready to apply for long term residency. More importantly, i was hoping LTR would mean that my (Chilean) husband could come and join me here in the UK as I would would, effectively, be an EU citizen. There's a chance I might move to Spain as it seems easier there to sort out long term residency. A few questions before I arrange for my husband to come over :

1. is it worth pursuing long-term residency for myself here in the UK even though the UK opted out of the Directive?

In what capacity have you been "lawfully resident" for 6 years. Working, studying etc?

Why can you not bring your husband to the UK as a dependent on whatever visa you currently have?

2. Does my 6 year period here in the UK increase my chances in gaining LTR in Spain or will I have to start all over again and reside there for 5 years?

I strongly suspect you would have to start from scratch. You'd also have to meet Spain's requirements for a visa/permit.

The only advantage in Spain is that citizens of some Latin American countries may be able to take advantage of a reduced residence period for Spanish citizenship.

[Dawie]

Spain also has special provisions for direct decendants of Spanish citizens living in Latin America. Might be worth a try if you have Spanish ancestry.

[chara]

Thanks for all the information. I have a work permit here but it's dependent on my employer of course. When you say my husband could move here 'as a dependent', does this mean that he would not have to come over on his own work permit?

I never knew about the Spanish ancestry option; I'll look into that, thanks.

Cheeky to ask, but does it make a difference if we have children here?

thanks again.

[JAJ]

Thanks for all the information. I have a work permit here but it's dependent on my employer of course. When you say my husband could move here 'as a dependent', does this mean that he would not have to come over on his own work permit?

As far as I am aware, he could come as a dependent on your work permit. Others will know more about this.

Cheeky to ask, but does it make a difference if we have children here?

Sorry, no. A child born in the United Kingdom (since 1983) only gets British citizenship if at least one parent is a British citizen or permanent resident. Or child lives in the UK until age 10.

[flyboy]

If you've been here for the last 6 years on a work permit, can't you apply for Indefnite leave to remain(permanent residency) under UK law? Then your husband could apply for a spouse visa to join you as the spouse of a person present and settled in the UK.

[Directive/2004/38/EC]

A child born in the United Kingdom (since 1983) only gets British citizenship if at least one parent is a British citizen or permanent resident. Or child lives in the UK until age 10.

Maybe to just add a little bit:

A child born in the United Kingdom (since 1983) only gets British citizenship if at least one parent is a British citizen or permanent resident (or becomes a British citizen or permanent resident after the child's birth). Or child lives in the UK until age 10.