EEA spouse applying under immigration rules
Posted: Fri Oct 29, 2010 4:46 pm
Hello,
I posted this in the family section, but I think it might be better off in here.
Does anyone know if 4.15 of the European Case Work Instructions, which applies to EEA National Spouses of British Citizens and Settled Persons
making a charged application under the Immigration Rules for leave to remain can be done on-shore?
We have recently returned from Australia. Spouse had ILR before we left but we must now start again. 4.15 seems to suggest we can apply for two-year probationary prior to ILR, but it is not clear where the EEA national needs to be to make the application.( We have now been in-country too long to apply for ILE under the 4-years outside the UK rule)
Thanks
Full text of 4.15 below:
I posted this in the family section, but I think it might be better off in here.
Does anyone know if 4.15 of the European Case Work Instructions, which applies to EEA National Spouses of British Citizens and Settled Persons
making a charged application under the Immigration Rules for leave to remain can be done on-shore?
We have recently returned from Australia. Spouse had ILR before we left but we must now start again. 4.15 seems to suggest we can apply for two-year probationary prior to ILR, but it is not clear where the EEA national needs to be to make the application.( We have now been in-country too long to apply for ILE under the 4-years outside the UK rule)
Thanks
Full text of 4.15 below:
4.15 EEA National Spouses of British Citizens and Settled Persons
An EEA national who is the spouse of a British citizen or settled person may make a charged application under the Immigration Rules for leave to remain despite the fact that they are not required to obtain leave to remain.
The primary reason why an EEA national may choose to do this is so that s/he can obtain permanent residence within 2 years rather than within 5 years. This will then allow him/her to make an application for British citizenship at an earlier stage.
These applications are subject to the normal charges applying to applications made under the Immigration Rules.
In cases where it is clear that an EEA national is applying under the Rules, i.e. a rules based application form has been completed and the appropriate fee has been paid, then the application must be allocated to European Casework, not charged casework. The fee will not be refunded. This is due to the fact that the payment is made for the case to be considered under the Immigration Rules.
If the application is granted, the EEA passport must never be endorsed, as EEA nationals are not required to obtain leave. A registration certificate should be issued if the EEA national qualifies.