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English language test for UK settlement

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ukthesis
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Re: English language test for UK settlement

Post by ukthesis » Fri Oct 16, 2015 6:54 pm

Much thanks guys.

The "fixed" UK residence issue (90 days a year), as was stated, would only be a problem for citizenship. To a degree it may also be an issue in the settlement procedure if the immigration officers considered that she was away from the UK for an unreasonable period, their judgement depending on the circumstances as they were explained to them. But there is no fixed (90 days a year) residence criterion aside from for citizenship applications.

While I was researching this I came across references to the EEA Family Permit. What's this and would it be a good alternative to her going through the settlement procedure we've discussed? There is no fee for this permit, it says, and although it is valid for 6 months' stay in the UK, even in the event of overstaying there is normally no problem apparently.

Best again.

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Re: English language test for UK settlement

Post by CR001 » Fri Oct 16, 2015 9:10 pm

The EEA Family Permit is not relevant or applicable to a spouse of a British Citizen living in the UK as you cannot be 'exercising treaty rights' in your home country.

If you did the Surinder Singh route in another other EU state, then it would be applicable to return to the UK under the EEA route.
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ukthesis
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Re: English language test for UK settlement

Post by ukthesis » Sat Oct 17, 2015 10:47 am

Much thanks for all the sage advice. Best wishes. Dave.

ukthesis
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Re: English language test for UK settlement

Post by ukthesis » Sat Oct 17, 2015 8:26 pm

I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.

The Standard Visitor Visa online form. It asks her "Country of Nationality."

Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.

Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.

My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?

Best.

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Re: English language test for UK settlement

Post by Casa » Sat Oct 17, 2015 8:39 pm

ukthesis wrote:I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.

The Standard Visitor Visa online form. It asks her "Country of Nationality."

Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.

Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.

My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?

Best.
Moldovan, but she can mention the dual Ukraine/Moldova nationality later in the form. Do make sure that in the visa application she submits very strong documented evidence showing reasons to return to Moldova. When an applicant has a spouse living in the UK visitor visas come under a great deal of scrutiny.
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ukthesis
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Re: English language test for UK settlement

Post by ukthesis » Sun Oct 18, 2015 10:46 am

I understand and as always thanks for getting the info so quickly to me. Because she has a full time job and a few other commiments in Moldova, this issue of her coming here on a visa has been trundling on since the summer.

I have explained t oher that if we need to be together here in the UK on some sort of temporary basis (ie in the case where she would need to later return to Moldova) she should initially come here by applying for the "join family living permanently in the UK Visa. How long does this last for?

Then if she still wants to remain for more time, she applies under the "applies to remain in the UK with family visa." How long can she use this for?

Then the Further Leave to Remain.

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Re: English language test for UK settlement

Post by Wanderer » Sun Oct 18, 2015 11:12 am

ukthesis wrote:I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.

The Standard Visitor Visa online form. It asks her "Country of Nationality."

Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.

Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.

My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?

Best.
AIUI, Ukraine does not permit dual nationality, so she'd have lost it on gaining Moldovan nationality..
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: English language test for UK settlement

Post by Casa » Sun Oct 18, 2015 12:08 pm

ukthesis wrote:I understand and as always thanks for getting the info so quickly to me. Because she has a full time job and a few other commiments in Moldova, this issue of her coming here on a visa has been trundling on since the summer.

I have explained t oher that if we need to be together here in the UK on some sort of temporary basis (ie in the case where she would need to later return to Moldova) she should initially come here by applying for the "join family living permanently in the UK Visa. How long does this last for?

Then if she still wants to remain for more time, she applies under the "applies to remain in the UK with family visa." How long can she use this for?

Then the Further Leave to Remain.
We've covered this so many times now!
If she wants to stay longer than 6 months she needs to apply for a Spouse settlement visa (join family). This will grant her an initial 2.5 year limited leave visa. After which she would apply for a further leave to remain on a 2.5 year extension - FLR(M) from within the UK.
At the end of the 5 year period she could apply for permanent residence - ILR.
Is that clear now? :?:
At present I assumed you were asking for advice on a visitor visa application. :?
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Re: English language test for UK settlement

Post by Casa » Sun Oct 18, 2015 12:11 pm

Wanderer wrote:
ukthesis wrote:I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.

The Standard Visitor Visa online form. It asks her "Country of Nationality."

Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.

Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.

My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?

Best.
AIUI, Ukraine does not permit dual nationality, so she'd have lost it on gaining Moldovan nationality..
Well spotted Wanderer +1 :wink:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ukthesis
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Re: English language test for UK settlement

Post by ukthesis » Sun Oct 18, 2015 12:59 pm

Can you please tell me where you got the information about her dual (or not dual) nationality? Best.

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Re: English language test for UK settlement

Post by Wanderer » Sun Oct 18, 2015 1:07 pm

ukthesis wrote:Can you please tell me where you got the information about her dual (or not dual) nationality? Best.
Common knowledge, Google it though you might have to be able to read Russian/Ukrainian.

Many attempt to keep it by not informing the Ukrainian authorities about it but a lot of people I know in Crimea have now gained Russian citizenship and lost their Ukrainian one.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: English language test for UK settlement

Post by Casa » Sun Oct 18, 2015 1:29 pm

Courtesy of Wikipedia: Ukraine
"On February 8, 2014, the Verkhovna Rada proposed a bill to criminalize the act of holding two citizenships"

Note 'proposed'.
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ukthesis
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Re: English language test for UK settlement

Post by ukthesis » Sun Oct 18, 2015 2:06 pm

Thanks a bunch again. She is very nervoius about the whole business of filling in this Standard Visitor Visa. We are in constant touch on Skype today to get it down and dusted.

As a matter of fact, people like my wife who apply from Moldova pay more for the visa, about 190 euros. I suppose it's because of the fact that Moldova is considered by the Border Agency more of a risk. (This premium fee only comes up after you tell them you are from Moldova!)

We have decided, on the visa application form today, to go for the family visa route. This lasts up to 6 months on the option we chose. I imagine the price is the same as for a "tourist" visa (that 190 euros). If the visa lasts for a year or more, so far as I can see, the price then goes up.

The supporting documents she will have to show them are the same under the family visa and "tourist" visa routes, again so far as I know.

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Re: English language test for UK settlement

Post by CR001 » Sun Oct 18, 2015 11:50 pm

What 'family visa' are you referring to? There is no '6 months validity' family visa unless it is a visitor visa or fiance visa (the latter she doesn't qualify for).

A visa to join family is for 2.5 YEARS / 33 months and costs more than 190 Euros.
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