PERMANENT RESIDENCE FOR RELATIVES

Okay guys I have a simple question.... I got today my ILR or permanent residence card as an EEA national after applying to the home office and showing all supporting documents. My wife, a Russian national, who lives with me in the UK with a visa valid until 2011 (visa for EEA dependent), has obviously not yet a permanent residence.

My question is... Can my wife apply for permanet residence in the basis of her husband (me) being already a permanent resident? If so, what form she needs and which documets to submit? If not, why not and when can she apply then?

Thanks in advance

She can apply for permanet residence at the end of her 5 year residence card in 2011. At that time, she can apply for permanent residence using form EEA4. I don't think you obtaining PR speeds up her process because she also must have resided here for 5 years as a family member of an EEA national.

Masterixas wrote:Okay guys I have a simple question.... I got today my ILR or permanent residence card as an EEA national after applying to the home office and showing all supporting documents. My wife, a Russian national, who lives with me in the UK with a visa valid until 2011 (visa for EEA dependent), has obviously not yet a permanent residence.

My question is... Can my wife apply for permanet residence in the basis of her husband (me) being already a permanent resident? If so, what form she needs and which documets to submit? If not, why not and when can she apply then?

Thanks in advance

When did she arrive in the UK?
She can't apply for PR along with you/now. However, there might be a quicker way, albeit far more expensive!

1. She applies for a spouse visa (in country). Because you now hold PR, you can use the UK immigration's spouse visa route;
2. After 2 years on the spouse visa (and after taking the Life in the UK test), she applied for indefinite leave to remain (ILR), as the spouse of someone 'settled' in the UK
3. This means, if she applied for the spouse visa now, she would qualify for ILR in 2009 - is this earlier than her EEA date?

The drawbacks of this route are;
1. you pay LOADS of money! For the spouse visa, and then £750 for ILR
2. she needs to take the Life in the UK test. If she stayed on the EEA route, she wouldn't have to
3. If you separate before she obtains ILR, she would have to leave the country (there are some minor exceptions, like domestic abuse cases, or if your children are British or EEA nationals, but that's it), or apply to stay in another visa category (HSMP, student, etc).

Well her 5 year period of residence in the UK will be on 2011. I guess we will wait until there since there's no hurry about it and we really not up to spend money just to have it quicker... The only thing that makes us confused is that her EEA family resident permit expires in 2011, but her passport expires in 2010... so she will need to renew the passport, but the visa will not be in the new passport, and we are confused in how to deal with that.....

Also regarding my permanat residence card, it has no expire date on it so it means I do not need to renew it right? Also how soon can I apply for British Citizenship as a permanent resident and which form to fill?

Since we are on the subject, and if eventually I become a British Citizen, how that will affect my wife in terms of her applying straight to British Citizenship rather then a Permanent residence? In other words, to her to be able to apply for PR will take another 4 years but would a route to a British Passport if I would become a citizen be quicker and more efficient since we could avoid the PR process? Or does she needs to apply for PR regardless of what citizenship I hold?

Thank You guys for the input.

Masterixas wrote:Well her 5 year period of residence in the UK will be on 2011. I guess we will wait until there since there's no hurry about it and we really not up to spend money just to have it quicker... The only thing that makes us confused is that her EEA family resident permit expires in 2011, but her passport expires in 2010... so she will need to renew the passport, but the visa will not be in the new passport, and we are confused in how to deal with that.....

Also regarding my permanat residence card, it has no expire date on it so it means I do not need to renew it right? Also how soon can I apply for British Citizenship as a permanent resident and which form to fill?

Since we are on the subject, and if eventually I become a British Citizen, how that will affect my wife in terms of her applying straight to British Citizenship rather then a Permanent residence? In other words, to her to be able to apply for PR will take another 4 years but would a route to a British Passport if I would become a citizen be quicker and more efficient since we could avoid the PR process? Or does she needs to apply for PR regardless of what citizenship I hold?

Thank You guys for the input.

What nationality are you?
If you do obtain BC, then it would speed up her application towards naturalisation. You can apply for naturalisation after 12 full months on PR. Note that you will have to take the Life in the UK test for this, and pay the fee (and meet all the conditions).

The quickest way would probably be for you to apply for naturalisation as a British citizen straight away (if I remember correctly you have already exercised treaty rights for 6 years) as soon as you pass the Life in the UK test. Then your wife will be able to use the "Ppron method" to apply for naturalisation herself as soon as she has lived in the UK for three years. No need for ILR. See here:

http://www.immigrationboards.com/viewtopic.php?t=15217

You can apply for naturalisation after 12 full months on PR.

The quickest way would probably be for you to apply for naturalisation as a British citizen straight away (if I remember correctly you have already exercised treaty rights for 6 years)

The problem here is that I have documents which prove I'm here for 6 years and that's how I got the British Passport for my son, but my PR document arrived today since I only applied for it 5 months ago. So if I wait 1 year and then apply on the basis of my PR document isn't that more convincing rather than try with documents such as bank statements etc...?

Then your wife will be able to use the "Ppron method" to apply for naturalisation herself as soon as she has lived in the UK for three years.

Is this 3 years in the UK or 3 years after being a spouse of a British Citizen? I'm not sure but I think the time before I got BC wouldn't count...correct me if I'm wrong.

The only thing that makes us confused is that her EEA family resident permit expires in 2011, but her passport expires in 2010... so she will need to renew the passport, but the visa will not be in the new passport, and we are confused in how to deal with that.....

In case we will wait for PR, do you guys know how to overcome this passport and visa expire dates issue?

Also this Life in the UK test.... can I take it at anytime, even if I want to wait to apply for BC or I need to take it only when or at the time of my application? It seems by way you talk that this is more like a kind of certified that can be taken by anyone at anytime rahter then something specific which is taken only by BC candidates.

Masterixas wrote: Is this 3 years in the UK or 3 years after being a spouse of a British Citizen? I'm not sure but I think the time before I got BC wouldn't count...correct me if I'm wrong.

For s6(2) naturalisation it doesn't matter how long you have been a British citizen. But read the ppron method instructions carefully. It is not simple and must be followed to the letter.

What about the life in the UK test can I take it per example now and apply for BC later or only after submitting BC form should I take the test... how it works?

Masterixas wrote:What about the life in the UK test can I take it per example now and apply for BC later or only after submitting BC form should I take the test... how it works?

The test is a requirement for applying for your BC i.e. using the PR route and also a requirement for applying for ILR i.e based on the UK IR.

You can take the test anytime you feel you are ready but you cannot apply for BC before, your application would be rejected.

How much it costs a test?

Masterixas wrote:How much it costs a test?

http://www.lifeintheuktest.gov.uk/ and you can find out where to book the test and any other question you might have.

Ahh...the power of search engines...