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switching from the directive via the british embassy

Posted: Fri Sep 17, 2010 1:02 pm
by Guerro
hello dear members, i have a residence card and entered the uk in feb 2009. the way i see things here and the proposed new changes make me try to find a way quicker for settlement than the EEA rules which will take 5 years. if my partner applies for PR followed by BC, can i apply for indefinite leave to enter the uk from the british embassy abroad based on the fact that i was married to a permanent resident, or a british citizen, for four years?
by that time, we would have spent 3 and half years in britain and half a year abroad. will this indefinite leave to enter be granted or you should have lived together outside the UK?
many thanks

Re: switching from the directive via the british embassy

Posted: Fri Sep 17, 2010 1:09 pm
by vinny
Guerro wrote:you should have lived together outside the UK?
SET3.3 How do spouses qualify?

Posted: Fri Sep 17, 2010 7:01 pm
by Guerro
Thanks alot. I'm glued at the directive then!

Posted: Fri Sep 17, 2010 7:05 pm
by Guerro
Sorry vinny, one more and last question:
My grandfather used to work for the british army, HM Forces, for 15 years in 30's and 40's. Is it going to do anything to me or my parents?
Thanks for help

Posted: Fri Sep 17, 2010 9:27 pm
by Plum70
Don't mean to go against your ambition but what's the rush? You will attain PR after 5 years of residing in the UK under EU law. No changes in UK immigration legislation can change this!

BC is another matter as this is open to future changes. However, as a permanent resident you will be able to reside in the UK indefinitely.

Posted: Fri Sep 17, 2010 10:23 pm
by Guerro
Plum70 wrote: BC is another matter as this is open to future changes.

And that's why I'm sacred. Eea nationals and their family members will get pr after 5 years without the points system. The directive will not be affected by any domestic change and this raises concerns on how the HO will overcome this dilemma to allow eea nationals and their family members to get bc without points, while everybody else will get ILR via points system!
We just wait and see

Posted: Sat Sep 18, 2010 12:08 am
by Plum70
Guerro wrote:
Plum70 wrote: BC is another matter as this is open to future changes.

And that's why I'm sacred. Eea nationals and their family members will get pr after 5 years without the points system. The directive will not be affected by any domestic change and this raises concerns on how the HO will overcome this dilemma to allow eea nationals and their family members to get bc without points, while everybody else will get ILR via points system!
We just wait and see
Wait and see is right... I do not think that it is worth worrying to the point that you would consider paying extortionate fees via the UK route.

It won't be too long before the govt. announces its proposals.

Posted: Sat Sep 18, 2010 4:44 pm
by Guerro
Plum70 wrote:
Guerro wrote:
Plum70 wrote: Wait and see is right... I do not think that it is worth worrying to the point that you would consider paying extortionate fees via the UK route.

It won't be too long before the govt. announces its proposals.
i think you have information about the french! can you tell me how to naturalise as a spouse of a french national married abroad for 5 years?

thanks in advance

Posted: Sat Sep 18, 2010 6:30 pm
by Plum70
Guerro wrote: i think you have information about the french! can you tell me how to naturalise as a spouse of a french national married abroad for 5 years?
I don't have as much information as you might think! I do know that a non-EEA spouse of a French national may naturalise after 3 years of marriage on the proviso that the marriage is duly registered with the French authorities, s/he can communicate effectively in French etc. Your spouse should know more or can find out from the French embassy.

I would imagine that, being married to a French national for 5 years, you would have made an effort to understand their mother tongue to some degree. If so, then reading and understanding the info in the below link should be a breeze (couldn't find it in English). Otherwise, there's your spouse and/or 'Google translate'!

See here: http://www.ambafrance-uk.org/La-nationa ... caise.html

Posted: Sat Sep 18, 2010 6:44 pm
by geriatrix
Artcle 21-2 wrote:An alien or stateless person who marries a spouse of French nationality, after a period of four years of marriage, obtain French nationality by declaration, provided that the date of this statement of community life both emotional material has not stopped between the couple since their marriage and the spouse has retained his French nationality.

The period of cohabitation shall be five years old when abroad, when the declaration is no reason to have resided continuously and regularly for at least three years in France after marriage or not able to prove that his spouse was enrolled in French the term of their community living abroad to register the French outside of France. In addition, the marriage celebrated abroad must have been a transcript prior to the records of the French registry.

The alien spouse must also provide evidence of sufficient knowledge, depending on its condition, the French language.
Disclaimer: English translation by Google Chrome.

regards

Posted: Sat Sep 18, 2010 9:35 pm
by Guerro
Thanks alot for both of you. Just one point left which is my grandfather who was working for HM forces. Is it going to make any change?