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ILR for romanian husband

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Marriage | Unmarried Partners | Fiancé | Ancestry

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kayac00
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Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

ILR for romanian husband

Post by kayac00 » Mon Sep 24, 2007 6:05 pm

My friend is married to a romanian guy his further leave to remain (spouse) visa will expire next week. He says he read on the guidance notes that he does not have to apply for the indefinite visa as romania is now EU and he is married to a brit citizen. I read the notes and it says if you have leave to remain this is correct but he only has Further leave.
WOuld appreciate an expert opinion on this situation.

I am also married to romanian guy but he has indefinite leave to remain and had it before romanian was in EU so I am not sure what to advise her and him what to do :)

Thanks

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: ILR for romanian husband

Post by JAJ » Tue Sep 25, 2007 5:54 am

kayac00 wrote:My friend is married to a romanian guy his further leave to remain (spouse) visa will expire next week. He says he read on the guidance notes that he does not have to apply for the indefinite visa as romania is now EU and he is married to a brit citizen. I read the notes and it says if you have leave to remain this is correct but he only has Further leave.
WOuld appreciate an expert opinion on this situation.

I am also married to romanian guy but he has indefinite leave to remain and had it before romanian was in EU so I am not sure what to advise her and him what to do :)

Thanks
If he wants to apply for naturalisation as a British citizen before 5 years, he needs to get ILR. Being a Romanian citizen is not a bar to applying as he already has FLR(M).

kayac00
Newly Registered
Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

Post by kayac00 » Tue Sep 25, 2007 9:18 am

Thanks for the reply appreciate it. I guess my real query here is can he continue working and living in the UK once this FLR (M) visa expires next week without doing anything about his status he seems to think he can cause he is married to a british citizen :)

Docterror
Senior Member
Posts: 950
Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Tue Sep 25, 2007 11:13 am

kayac00 wrote:Thanks for the reply appreciate it. I guess my real query here is can he continue working and living in the UK once this FLR (M) visa expires next week without doing anything about his status he seems to think he can cause he is married to a british citizen :)
But Romanians are not allowed to work without a work permit (WP) unless they have already spend time on one for atleast an year. Since the person in question is on Spouse visa, once it expires and he reverts back to EU law, he will need a WP to work.

Do note that Romanians are allowed to be self-employed or work 20 hours if they can show that they are students, without needing a WP.
Jabi

mym
Member of Standing
Posts: 353
Joined: Mon May 28, 2007 12:44 pm
Location: London

Post by mym » Tue Sep 25, 2007 12:50 pm

He can work without restriction as he is the spouse of a UK citizen or resident.

See http://www.ind.homeoffice.gov.uk/6353/2 ... abulg2.pdf
--
Mark Y-M
London

Docterror
Senior Member
Posts: 950
Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK
United Kingdom

Post by Docterror » Tue Sep 25, 2007 1:08 pm

mym wrote:He can work without restriction as he is the spouse of a UK citizen or resident.

See http://www.ind.homeoffice.gov.uk/6353/2 ... abulg2.pdf
So true! Thanks for the correction, as I forgot that.

The person still has to apply for the Residence Permit to show that they can work without a WP. So, staying without either applying for a Residence Permit or an ILR is not an option if the person wants to work, as the Romanian passport by itself will not be enough.
Jabi

kayac00
Newly Registered
Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

Post by kayac00 » Tue Sep 25, 2007 4:05 pm

Thanks everyone will let them know they need to either go ahead for ILR or get a residency permit.

mym
Member of Standing
Posts: 353
Joined: Mon May 28, 2007 12:44 pm
Location: London

Post by mym » Wed Sep 26, 2007 1:03 am

kayac00 wrote:Thanks everyone will let them know they need to either go ahead for ILR or get a residency permit.
ILR costs a thousand quid and a residency permit is free...
--
Mark Y-M
London

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Sep 26, 2007 3:38 am

mym wrote: ILR costs a thousand quid and a residency permit is free...
But you can't get British citizenship (before 5 years) without ILR, unless you use the ppron method.

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