Immigrationboards.com

Hi all,

This is my first post, and just wondered if anyone could help me.

I am a british citizen, married to a Non-EU national who has been granted ILR a year ago.

I am looking for information as to why as a I am a british citizen we had to pay firstly for a certificate of approval, followed by a fee for a 'spouse visa' followed 2 years later by a fee for my partner to get ILR. Plus passing the life in the uk test.

Only when speaking to one of my partners friends did I discover this 'EEA national family member route' to getting settlement in the UK, is free.

After thinking to myself surely this can't be right, I have tried (and near enough failed!) to find information on wether this is true or not?

The only difference I can see is that to get settlement when marrying a british citizen it takes 2 years, whereas this way it takes 5 years.

I just find it very unfair, and wondered if someone could shed some light on the situation, for my own knowledge.

Thanks.

You have to be an EU national, settled in UK, not a national of Britain, to avail of EU rights. If you have another EU citizenship, then you could try that although that is under reconsideration at the moment because of the McCarthy case.

I am dual national, British/Irish living in Ireland. They refused my partners EU treaty rights application based on the fact that I have lived in Ireland all my life, we are contesting it by way of Judicial Review, which you may have to do, should you have dual nationality and go down this route. If you have done all what you mentioned, I would say stick with it. It is reverse discrimination, but there is nothing we can do about it.

See also SPOUSE VISA INFOS NEED?

Yes, as I am a British person (born and raised) I have to pay for my partner to settle here with me, however if I was an eu national settled in Britain it would be free for my partner to settle here with me. I was wondering why this was, it doesn't seem very fair.

An EU national ( Besides UK national) who comes to the UK, is exercising treaty right. An immobile UK national cannot invoke treaty rights, as he is staying in his country of nationality, and his situation falls under a term called " Purely Internal matters". The UK government has full jurisdiction, as his residence is under national legislation. The UK has full right to impose whatever rules they choose under their national rule, but for community nationals who have rights under the treaty, they are fettered from doing so. This is why your spouse has to pay such large sum of money and an EU national spouse doesn't.

Don't get too upset, because the situation will be the same if you went to reside in any of the 26 states of the EU, besides the UK. Your residence in those states will be under Community Law, and your treaty rights will be in play. And i am sure some of the locals there will feel as unease as you are now.

If however you choose to live in those states and work or open a business there, then on your return to the UK with any third country national that were residing with you there, they will be treated as if they are family members of EU national, with similar rights.

I hope you get the gist.

In any case, you spouse has some benefits going through national rules, as she will qualify for ILR or Permanent Settlement rights quicker. Also, in the worst case scenerio of things not working out with you two, which i hope never happens, she will be in a better position, and things will be less complex than if she had gone EU route.

With draconion changes taking place with immigration laws everyday, it is good for peace of mind that one uses the quickest routes and get out of immigration restrictions as quickly as possible.

In anything in life, there are winners and losers in all circumstances.

Thankyou very much for your informative post there. I guess the home office needs to make money somehow. Still find it a bit unfair as I'm sure there would be uproar if it was the other way round!

With regards to my partner having ILR which means there are now no restrictions placed, is that the same as if a non eu marries a settled eu national? Do they get the same status, but just have to wait longer for it? As I read about a permanent residence card for 5 years (does this mean for 5 years they are unable to claim benefits etc) and if they split up it would be revoked? And if not after this period then the non eu national could reside in uk in their own right off the back of the relationship?

Sorry for the perhaps silly questions, it has just really interested me that it is so different for what seems the same thing.

Hi there, I am agreeing with what Guru said, my situatuion is I am British Citizen married to Moroccain, we met Sep 2003 in Italy married Aug 2005 and had a daughter in Nov 2007, we are now in the uk since May 2008, I managed to find work by the 18th June, and my husband looked after our daughter for the first year and a half, now he has his own taxi firm and yes I used the EU route as I was excercising treaty rights in Italy at hte time, at first they were against giving it to us, but i argued with them and produced everything they asked for(ALOT), but now as we are back in the uk, we are not sure what to do, is it possible to change over to British law or should we stick with EU(not sure if we can as we are now living in the uk, and I can no longer use the EU law, just not sure.

your husband cant switch to a spous e visa in the UK because he doesn't have leave under the immigration rules. He would need to leave the country and apply for entry clearance as your spouse. I don't see a clear benefit in him doing this because he has completed nearly three years under the EU route so only has two left in order t qualify for permanen t residence. Why do you think you can no longer use the EU Route?

Thank-you for the quick reply, we are questioning it because when we go out of the country to go on holiday to my husbands home of morocco, we are always stopped when returning to the uk by UKBA and questioned about why husband has a eea residence card when he is married to a british citizen and we reside in the uk.
Not to sure if they are all brought up to date about things but it stresses me out everytime we go.
Also when my husband went alone for Ramadan he was not questioned at all, maybe it was only because I was with him and they were just confused.

Monifé wrote:You have to be an EU national, settled in UK, not a national of Britain, to avail of EU rights. If you have another EU citizenship, then you could try that although that is under reconsideration at the moment because of the McCarthy case.

I am dual national, British/Irish living in Ireland. They refused my partners EU treaty rights application based on the fact that I have lived in Ireland all my life, we are contesting it by way of Judicial Review, which you may have to do, should you have dual nationality and go down this route. If you have done all what you mentioned, I would say stick with it. It is reverse discrimination, but there is nothing we can do about it.

HELLO monife
your situation could be the answer of what i was looking for for weeks,
but in reverse i mean my wife is brtish/irish she lived all her life in britain
we choose eea route to apply for RC
does make her automaticly qualified for somone excericing treaty right in the uk?
do you know what is exactely the mcarty case involve
have you heard the outcomes of this?
the would be fantastic to finaly have some comforting news about it]
thank youvery much indeed