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Changes due to UK split with EU

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Graham Weifang
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Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Changes due to UK split with EU

Post by Graham Weifang » Thu Jun 30, 2016 7:08 pm

Hi all,
My non EU wife came with me to UK in October 2013. via SS route, and got her residence documentation (sticker in passport) in March 2014
She applied and got her 5 year residence visa in her non EU passport in March 2014.
Her 5 year visa expires March 2019, when we plan for citizenship application.
So, my wife is half way through her 5 year period of full time employed working and waiting for the day she can apply citizenship.

I was wondering when ties are severed with EU, would this EU severance have any effect on my wife eventually seeking citizenship?

We are both fully employed, her as accountant with 31k salary, and me more.

I am hoping not.

Gra

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Changes due to UK split with EU

Post by noajthan » Thu Jun 30, 2016 8:30 pm

Graham Weifang wrote:Hi all,
My non EU wife came with me to UK in October 2013. via SS route, and got her residence documentation (sticker in passport) in March 2014
She applied and got her 5 year residence visa in her non EU passport in March 2014.
Her 5 year visa expires March 2019, when we plan for citizenship application.
So, my wife is half way through her 5 year period of full time employed working and waiting for the day she can apply citizenship.

I was wondering when ties are severed with EU, would this EU severance have any effect on my wife eventually seeking citizenship?

We are both fully employed, her as accountant with 31k salary, and me more.

I am hoping not.

Gra
Noone knows.
Wife may just make it if the final Brexit exit is nearer 3 than 2 years off.

Otherwise it may all depend on the British sense of fair play and any transitional arrangements put in place for the thousands still 'in flight' on an EU trajectory (whether returned SS-ers or EEA families).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Jellybean105
Member of Standing
Posts: 308
Joined: Thu Feb 07, 2013 4:53 pm
Location: London

Re: Changes due to UK split with EU

Post by Jellybean105 » Fri Jul 01, 2016 3:11 am

Graham, I'm in the same boat as you. My husband has a 5 year residence card via SS route and its valid till Dec 19 however he entered in Feb 14 so technically he can apply for PR in Feb 19.

I'm also wondering the same thing.. I really hope its not all for nothing.

If your salaries are so high, maybe you can look into applying for a family (spouse visa) now so by the time UK exits, at least you are half way there to citizenship via UK law?
Moved to Ireland: Feb 13
UK FP: Granted November 13
Ireland RC: Granted Feb 14
Returned to the UK: Feb 14
Applied for EEA2: 18th March 14
EEA2 Rejected: October 14 (re-submitted docs)
EEA2 Granted: December 14 (valid till 2019!)

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Re: Changes due to UK split with EU

Post by Graham Weifang » Fri Jul 01, 2016 7:58 am

Hi JellyBean,

Thanks for the reply, seems we are in similar situation.
I never thought about the alternative "Family Spouse Visa"

Also, as we entered UK in October 2013, is it 5 years from that date, that my wife can apply?

Thanks

Gra

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Changes due to UK split with EU

Post by noajthan » Fri Jul 01, 2016 8:04 am

Yes. (Proof of date required ofcourse).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Re: Changes due to UK split with EU

Post by Graham Weifang » Fri Jul 01, 2016 12:46 pm

noajthan wrote:Yes. (Proof of date required of course).
Great, so a few months earlier than we had originally anticipated.

The October 2013 is the date stamped in her passport across her Entry Visa, when we entered UK.
So until October 2018, we work and wait.

Gra.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Changes due to UK split with EU

Post by noajthan » Fri Jul 01, 2016 12:51 pm

Graham Weifang wrote:
noajthan wrote:Yes. (Proof of date required of course).
Great, so a few months earlier than we had originally anticipated.

The October 2013 is the date stamped in her passport across her Entry Visa, when we entered UK.
So until October 2018, we work and wait.

Gra.
As a returning Brit & SS-er you don't even have to work (unless you feel like it); case law of Eind.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Graham Weifang
Member
Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Re: Changes due to UK split with EU

Post by Graham Weifang » Sun Jul 03, 2016 10:01 am

noajthan wrote:
Graham Weifang wrote:
noajthan wrote:Yes. (Proof of date required of course).
Great, so a few months earlier than we had originally anticipated.

The October 2013 is the date stamped in her passport across her Entry Visa, when we entered UK.
So until October 2018, we work and wait.

Gra.
As a returning Brit & SS-er you don't even have to work (unless you feel like it); case law of Eind.
Hi Noajthan,

Nice thought about not working, but I don't think my wife would approve.
We are both into it together.

Gra.

Jellybean105
Member of Standing
Posts: 308
Joined: Thu Feb 07, 2013 4:53 pm
Location: London

Re: Changes due to UK split with EU

Post by Jellybean105 » Thu Jul 07, 2016 2:47 am

I'm just in the hope that UK officially leaves after Feb 2019 so we can get the PR submitted in time.

Do you think if we apply early and it gets refused, we would be included in any transitional arrangements? And does EEA4 give rights of appeal? (taking a chance here!)
Moved to Ireland: Feb 13
UK FP: Granted November 13
Ireland RC: Granted Feb 14
Returned to the UK: Feb 14
Applied for EEA2: 18th March 14
EEA2 Rejected: October 14 (re-submitted docs)
EEA2 Granted: December 14 (valid till 2019!)

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Changes due to UK split with EU

Post by Richard W » Thu Jul 07, 2016 7:43 pm

Graham Weifang wrote:The October 2013 is the date stamped in her passport across her Entry Visa, when we entered UK.
So until October 2018, we work and wait.
There is a scheme that might enable you to apply in October 2016, but it's not been tried, and there may be an overlooked flaw. Think of it as an emergency procedure, and only use it if the EEA route looks likely to be closed before you can finish using it. Review the statutory instruments before you use the method - if anything goes wrong you may lose the naturalisation fee.

There seems to be a method of removing the time limit or equivalent on your wife's stay in the UK that depends on the way the Irish are 'automatically settled' on arrival in the UK - The Immigration (Control of Entry through Republic of Ireland) Order 1972[url] as amended by [url=http://www.legislation.gov.uk/uksi/2014/2475/contents/made]The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014. It depends on using the exemption of travel in the CTA in Section 1(3) of the Immigration Act 1971. The method has not been tested.

The steps are as follows:

1. Get a normal Irish visitor's visa for your Chinese wife.
2. Take the ferry to the Republic, and have your wife enter using the visa. The passport stamp will prove she was admitted to Ireland.
3. Return to the UK. Your wife enters as an EEA family member.

Now, normally, as a visa national, the UK-Irish border would be a normal non-Schengen intra-EU border for her on the way back. However, because of the Irish visa, and because she is Chinese, it counts as a border within the CTA for her - she is described by Article 3A of the amended order. Then, because she is "a person who is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972", Article 4 does not apply to her. (This exemption used to be restricted to Irish citizens.) Her entry into the UK is therefore free of the restrictions of the Immigration Act 1971, just as it is for Irish citizens.

She is then settled in the UK! She is free of any time limit or equivalent because of the return using the CTA, and she is not 'in breach of the immigration laws' because of Surinder Singh. She can then use the three years' residence in the UK under the EEA Regulations to qualify for naturalisation as your wife. (She still needs LitUK and English at the B1 level.)

I suppose the Home Office could have a policy that they will not naturalise anyone who uses such trickery. Some people fear that not even the Irish can use this scheme.

The only visa nationals this trick works for on paper are the Chinese and the Indians. It should work fine for EEA nationals.

Note that she will lose her settled status if she enters the UK from any overseas country but Ireland.

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