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New English requirement for partner of EEA settled in UK?

Posted: Thu Feb 17, 2011 8:42 pm
by apriliapegaso28
Hiya,

I was reading the application guide for the new English requirement

http://www.ukba.homeoffice.gov.uk/sitec ... icants.pdf

and I just noticed they say:
From 29 November 2010, any migrant applying to enter the UK or applying to remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English.
An applicant will need to meet the requirement if they are:
• in a relationship with a British citizen or a person settled here; and

...
The new English requirement does not apply to the following groups of applicants:

spouse or partner of an EEA national

....


My partner is not British. How do I know I am in a relationship with a person settled here?A person settled here is someone normally resident in the United Kingdom with no immigration restriction on the length of their stay. To be free of immigration restriction they must have the right of abode or indefinite leave to enter or remain in the United Kingdom.
After reading the above information and wikipedia

http://en.wikipedia.org/wiki/EEA_Regulations_(UK)
EEA citizen became settled in the UK (after five continuous years of exercising treaty rights -- work, study etc -- in the UK).

...I'm unsure of this requirement when the EEA citizen is settled in the UK (ie, if he's been living in the UK for 6 years)? One part of the information say it's not needed whereas the other say it is...

I've read somewhere that for EEA2 applications the new English requirement won't apply, but what about if the EEA citizen is settled here? Does this make any difference?

Many thanks...

Posted: Thu Feb 17, 2011 8:50 pm
by geriatrix
What application do you intend to make ... one to enter / remain in the UK under the EEA regulations or one to enter/remain in the UK under the UK immigration rules?

If the former, these requirements do not apply.

If the latter, then the requirements apply .. unless it is a settlement application under UK immigration rules as a partner / spouse of a settled person.


regards

Posted: Thu Feb 17, 2011 9:48 pm
by apriliapegaso28
Thanks for the quick answer, sushdmehta!

It'd be an application to remain in the UK under the EEA law so it seems it wouldn't apply in this case.

Everything is so confusing with these 2 regulations running in parallel.

Much appreciated!