Jump to content




Photo

Ilr Sooner: Changing From Eea Regime To Uk Immigration Rules?

ILR ILE EEA visa national spouse of EEA national spouse of British citizen

  • Please log in to reply
6 replies to this topic

#1 anatta

anatta

    New Member

  • Members
  • 4 posts
  • Location:Aberdeen
  • england

Posted 17 December 2012 - 02:44 PM

I renounced my British citizenship 20 years ago in order to take up citizenship of the other EEA member state where I was working. I have this year returned to UK and am 'exercising Treaty rights' with my non-EEA spouse. If I now 'resume' my British citizenship could my wife get permanent residence sooner than the five years she will have to wait under the 'EEA Treaty rights' regime? We have been married (living outside UK) for 9 years. She has already satisfied the English language and Life in UK requirements, and I believe we also satisfy the income and accommodation requirement. What we are wondering is: could she get permanent residence directly if she leaves the UK and successfully applies under the UK Immigration Rules for 'Indefinite Leave to Enter' as the spouse of a British citizen?



#2 Victoria

Victoria

    Prefered Member

  • UK Immigration Consultants
  • 42,795 posts
  • Gender:Female
  • Location:London
  • Interests:MediVisas UK LLP

    Level 3 OISC Immigration Specialists
    Consultations by appointment only

    Tel: +44 (0) 207 953 3090
    Fax: +44 (0) 207 953 3091
  • uk

Posted 17 December 2012 - 07:30 PM

No she can't. And if you resume UK citizenship she couldn't apply under the EEA rules so the application will be harder.

#3 anatta

anatta

    New Member

  • Members
  • 4 posts
  • Location:Aberdeen
  • england

Posted 18 December 2012 - 10:18 AM

No she can't. And if you resume UK citizenship she couldn't apply under the EEA rules so the application will be harder.


Thank you.

I can understand that a British citizen could not be treated as a non-British EEA citizen for determining his spouse's immigration status, even though he was not British when he and his spouse began to exercise EEA Treaty rights in UK.

Can you shed any light on why my wife wouldn't be able to 'start again' in a new immigration capacity as the spouse of a British citizen who had lived abroad for more than 4 years? Would I have had to have been British at the time of our marriage, and continuously ever since, for this 'path' to be possible? Or would the fact that she had previously been in UK on the EEA 'path' disqualify her?

#4 Victoria

Victoria

    Prefered Member

  • UK Immigration Consultants
  • 42,795 posts
  • Gender:Female
  • Location:London
  • Interests:MediVisas UK LLP

    Level 3 OISC Immigration Specialists
    Consultations by appointment only

    Tel: +44 (0) 207 953 3090
    Fax: +44 (0) 207 953 3091
  • uk

Posted 18 December 2012 - 11:32 AM

There is no longer an 'Indefinite Leave to Enter' option.

She can either apply for leave to enter for 5 years as the spouse of a UK national, or apply for an EEA family permit, which can be changed to a 5 year EEA residence card once you get here.

#5 anatta

anatta

    New Member

  • Members
  • 4 posts
  • Location:Aberdeen
  • england

Posted 18 December 2012 - 06:34 PM

Thank you again. I must have wrongly understood 282(i)(B) and 282(B) of the rules on this the UKBA page:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners/

Edited by anatta, 18 December 2012 - 06:34 PM.


#6 anatta

anatta

    New Member

  • Members
  • 4 posts
  • Location:Aberdeen
  • england

Posted 18 December 2012 - 06:41 PM

Thank you again. I must have wrongly understood 282(i)( B) and 282( B) of the rules on this the UKBA page:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners/


I'm sorry the smilies above inserted themselves without my knowledge! For each smiley read 'B)'.

#7 Gentleman of Leisure

Gentleman of Leisure

    Prefered Member

  • Global Moderators
  • 10,101 posts
  • Gender:Male
  • Location:Rio de Janeiro
  • br

Posted 18 December 2012 - 08:26 PM

http://www.ukresiden...oticon-enabler/





Also tagged with one or more of these keywords: ILR, ILE, EEA, visa national, spouse of EEA national, spouse of British citizen

0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users