Immigrationboards.com

Hello Boys and Girls ,
I really hope some one would be able to help me and advice if its possible.
I will tell you first background than ask the question... PLEASE HELP or any INFORMATION will be appreciated!

I am Russian citizen. Married to a DUEL national. British/Maltese.
We married in August 2007 in Malta as my wife lived there at that moment and she is Maltese citizen (Malta is EU and Ex British colony) she was born in Britain and lived in UK until 18 yo, than moved with her family to Malta as her father served in British army and was placed/based in Malta and they remained in Malta since. After marriage we been to UK I came with her on Tourist visa ( I was not aware I can get Free Family permit visa) nevertheless... in 2008 we decided to Move to UK and go to see opportunity of employment etc.. in October 2008 I got 6 month Family permit visa and we came to UK together, We Rented an Apartment spend here 6 month looked around and decided to move but before that go back to Malta for a few weeks to get some stuff and sort out things also my 6 month family permit was about to end in March. So in March 2009 we went back to Malta I reapplied for new family permit and got it within 2 weeks, so in April 2009 we came together to UK (my visa stated that we have to enter together or she would have to be present in UK).. so we came, my wife started work.. and when my visa was about to finish in the end of September I applied for extension/EEA Residence permit on the grounds that my wife is Maltese EU citizen.. within 2,5 weeks (very fast) I received my Residence Permit valid for 5 years. From October 2009 till October 2014. Since that we lived in UK we lived for 2 years now on the same address together, we have Council Tax payed every month and out Both names on it, same as Electricity Bills. So now in October 2010 we basically resided in UK, (went to Malta a few times of course to visit Family there and some other trips not long ones).
My wife happen to be British citizen as well as Maltese, and I wander as Being married to a British same as Maltese, can I apply for ILR based on that my wife is British, even though currently I am present in UK with EEA family residence permit. I read all I could on government web sited, but I could not find answer to that as its defined separately to be married to an EU and British and nothing about duel national cases. I will appreciate if any one know anything about it.
So we been married for over 3 years now, we lived here for 2 tears now, have bills, tenant agreement etc. Also I know that after five years my wife and I suppose to be able to apply for ILR and citizenship.. BUT my wife dont need it, as she is British already and As Maltese (ex British colony) she don't need any registration in UK or something. So, ONLY I need to apply for it. Meaning there will be no joint application and I am dependent on her (my status here).
Any ideas? Anything can be done with it? Also if I am not mistaken after 4 years living abroad and being married to British citizen I suppose to be able to receive indefinite live to remain..?? As my wife offered lately to move to Malta for a year or so ( due to personal reasons, her parent not feeling well lately also she is not working lately due to economical crisis in UK) or she would move and I stay here as it is not problem to travel back and forth and I also have a Maltese residence permit and can freely work and live in Malta as my wife Maltese. So.. the question is.. Also.. IF we choose to go to Malta for a year or so.. if I apply in British embassy for visa, will I be able to obtain ILR? or still we will have to come here and live for 5 years? Cause as far as I know, even if I stay here and she go back to Malta, after 5 years I will need to provide prove that my wife been economically active and qualified for the duration of 5 years.. and it will not be possible as she/we will be out of UK for a year and lately she does not work too.
I don't know what to do to be honest, it would be so much easy to travel around and other things being UK citizen and we have intention to live in UK too and it is easier when we both British citizens. Any advice in my situation? Also, if we decide that she go to Malta and I stay working in UK, do we have to inform HOME OFFICE? can we do that? as currently Ia m dependent on her being EU citizen and if she decide to leave I suppose to leave UK too..

Sorry for long question, just wanted to explain situation in details.
Really hope for advice here!
All the best!!
Sincerely yours,

Pavel

pavel_uk wrote:My wife happen to be British citizen as well as Maltese, and I wander as Being married to a British same as Maltese, can I apply for ILR based on that my wife is British, even though currently I am present in UK with EEA family residence permit.

No. 289 as 287(a)(i) is not satisfied.

pavel_uk wrote:Any ideas? Anything can be done with it? Also if I am not mistaken after 4 years living abroad and being married to British citizen I suppose to be able to receive indefinite live to remain..?? As my wife offered lately to move to Malta for a year or so ( due to personal reasons, her parent not feeling well lately also she is not working lately due to economical crisis in UK) or she would move and I stay here as it is not problem to travel back and forth and I also have a Maltese residence permit and can freely work and live in Malta as my wife Maltese. So.. the question is.. Also.. IF we choose to go to Malta for a year or so.. if I apply in British embassy for visa, will I be able to obtain ILR?

KOL and at least 4 years living together outside the UK required for spouse visa with ILE endorsement (282(b)). Also, maintenance and accommodation.

pavel_uk wrote:or still we will have to come here and live for 5 years? Cause as far as I know, even if I stay here and she go back to Malta, after 5 years I will need to provide prove that my wife been economically active and qualified for the duration of 5 years.. and it will not be possible as she/we will be out of UK for a year and lately she does not work too.
I don't know what to do to be honest, it would be so much easy to travel around and other things being UK citizen and we have intention to live in UK too and it is easier when we both British citizens. Any advice in my situation? Also, if we decide that she go to Malta and I stay working in UK, do we have to inform HOME OFFICE? can we do that? as currently Ia m dependent on her being EU citizen and if she decide to leave I suppose to leave UK too..

I don't think that you will retain the right of residence under the EEA regulations if she isn't a qualified person in the UK.

pavel_uk wrote:Any ideas? Anything can be done with it? Also if I am not mistaken after 4 years living abroad and being married to British citizen I suppose to be able to receive indefinite live to remain..?? As my wife offered lately to move to Malta for a year or so ( due to personal reasons, her parent not feeling well lately also she is not working lately due to economical crisis in UK) or she would move and I stay here as it is not problem to travel back and forth and I also have a Maltese residence permit and can freely work and live in Malta as my wife Maltese. So.. the question is.. Also.. IF we choose to go to Malta for a year or so.. if I apply in British embassy for visa, will I be able to obtain ILR?

KOL and at least 4 years living together outside the UK required for spouse visa with ILE endorsement (282(b)). Also, maintenance and accommodation.


Let say if I apply for ILE from Malta and will be granted it l (there will be no problems with accommodation as my wife has family here (cousins and aunts) so we can always stay with them, also I have some money in British bank and we'd not touch it as Malta in Euro... Ones I got ILE.. we came to UK with my wife, that happens next? If it will be valid until the end of my passport that suppose to be extended when I get new passport ... (that what I read on web). When will I be able to apply for naturalization as British citizen and British passport? How long do we have to live together in UK from the date we arrive to UK with my ILE?

Both of you must have been staying outside the UK for 4 years to be eligible for ILE. In other words, if you both relocate to Malta today you'll be eligible for ILE exactly 4 years from today (2014) if you continue to live outside UK during these 4 years.


regards

sushdmehta wrote:Both of you must have been staying outside the UK for 4 years to be eligible for ILE. In other words, if you both relocate to Malta today you'll be eligible for ILE exactly 4 years from today (2014) if you continue to live outside UK during these 4 years.


regards

Ok.. great.. But Still.. when after ILE I will be able to apply for British citizenship??

pavel_uk wrote:when after ILE I will be able to apply for British citizenship??

As and when you fulfil the requirements for spouses and civil partners applicable at the time (e.g. - under current rules, after 3 years of entering UK on ILE).


regards