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Life in the UK Test is not required for permanent residence under the European rules. However it is of course required should the person wish to apply for naturalisation as a British citizen.Docterror wrote:I believe that the information given by the HO is wrong and I still donot think that you have to give the test as you, inspite of being non-EEA are still going through the EEA route.
Pls see Question 11 on this FAQs. EEA nationals in the question is not applied to EEA national but to non-EEA family members of EEA nationals as well.http://www.ind.homeoffice.gov.uk/6353/1 ... eqanda.doc
They obviously would love to impose the test on the applicants, but they cannot.
bearing in mind that that we are non EEA.
I spoke with the Home Office today and according to them they stated that Non EEA family members have to do the life in the UK test before they can apply for permanent residence.
You have been confusingly referring to yourself as "non EEA". While it is true that you are not EEA yourself, you and your mom definitely fall into the very important category of "family member of an EU/EEA citizen" (in spite of the divorce).Dear Sir/ Madam,
Would you please confirm the following question: Is it true that the life in the Uk test pass certificate is not required for a non EEA to apply for permanent residence?
Directive/2004/38/EC, from the above statement that is a part of the reply to the mail magata received, it is quite clear that whoever advised her knew exactly what she was looking for inspite of the terminologies used.An EU national and family members may remain in the UK under EU law, but once they seek ILR, normally after 5 years residency in the UK, their application is considered under UK law.
No difference. Cutting out some technical issues, the naturalisation criteria only specify that permanent residence must be held. No provisions specifying how that status is obtained.Directive/2004/38/EC wrote:Question for JAJ: When applying for naturalization, is there any benefit at all to having ILR instead of a European-law Permanent Residence Card?
It has not been clearly mentioned whether you, your brother and your sister are non-EEA family members of an EEA national or EEA family members of an EEA national. I would assume that you are all non-EEA family members from all points outlined by you about the case and suggest using only one EEA4 form with your mother filling in Section 1 while you, your brother and sister fills in Section 2.magata wrote:Do we each need to fill an EEA4 form or can mother include us in her application as dependents?
Do you have to use the services of a solicitor? No! Its is not a necessary requirement.Would you please advice me if we have to use the services of a solicitor to apply for the retention of the right of residence and permanent residence?
Evidence that your mother, you, your brother and your sister has been resident in the UK exercising the treaty rights for a continuous period of 5 years. For example- if your mother has been working for the past 5 years, her payslips with the P60s along with evidence that you all have been residing here in the UK like utility bills, correspondence to the same address etc should be submitted with the application.What evidence have to be included with the application?
A lot of this including what evidence to submit, whether or not a solicitor is to be used, what the covering letter should say etc is left to your discretion. Pls note that here at this forum we are just a group of people trying our level best to help inform you about what are the right steps to follow from the experiences we had and from the information we have so that others in need can find it easier. Spoonfeeding is not something that should be expected but rather taken gratuitously if you were to come across some and by no means should what we say be taken as binding legal advice.What the covering letter should say?
You are not required to use a solicitor, and I personally don't think it is necessary. But, because your situation is not fully straight forward, I would definitely encourage you to get some specialized professional advice.magata wrote:Would you please advice me if we have to use the services of a solicitor to apply for the retention of the right of residence and permanent residence?