EEA family permit success! confused about next steps

[nordiclatina]

Hi all!

I posted here a few weeks ago about the EEA family permit my husband and I were applying for - thanks for the advice!

So we presented the consulate in Havana with a huge file of documents. The staff were fantastic, we got a response within 2 hours and 2 days later my husband had the permit in his passport.

So we'll be using it to for a 10 day visit next month. We don't plan to move permanently till June/July this year.

The (super friendly) ECO advised us to apply for a fresh permit before moving, so that my husband wouldn't have a 4-month gap outside the UK. He said it should be no more than a formality having already made one successful application.

Then, as I understand it, he has to apply with form EEA2 for a residence card, valid for 5 years. After the 5 years he can apply for ILR and naturalisation..??

So what is the difference between the EEA2 route and the UK settled status route and which is better? I know it has been asked before but I can't seem to find the relevant thread - if someone could post it that would be great!

I'm a Finnish citizen and technically I think I can prove settled status in the UK since I've lived there since the age of 3, although I've been out of the UK for the last 2 years.

We opted for the EU route becasue
a) it's free,
b) I don't have to prove my UK status,
c) I can't see that there's very much difference in having ILR or being a resident through EEA family rights - you have the same right to work/get treated on the NHS etc.
d) via either route you can apply for citizenship after 5 years.

am I wrong?

AND is there a difference in travel restrictions on the two routes? ie how long he can be outside the UK while keeping residence without jeopardising a possible naturalisation application?

links or any advice greatly appreciated!

nordiclatina

(he's cuban I'm finnish)

[vinny]

See also 2. PROCEDURAL COMPARISON and Can I be naturalised as a British citizen?

[JAJ]

I'm a Finnish citizen and technically I think I can prove settled status in the UK since I've lived there since the age of 3, although I've been out of the UK for the last 2 years.

We opted for the EU route becasue
a) it's free,
b) I don't have to prove my UK status,
c) I can't see that there's very much difference in having ILR or being a resident through EEA family rights - you have the same right to work/get treated on the NHS etc.
d) via either route you can apply for citizenship after 5 years.

As you are not a British citizen he will have to wait 5 years and then 1 further year to become British.

Unless you become a British citizen yourself in the meantime (why not? - Finland now allows dual citizenship, since 2003), in which case he doesn't need to wait the 1 extra year.

If you had sponsored under the U.K. rules and also become a British citizen then he could look to become naturalised after 3 years.

Any plan to have U.K. born children?

[sakura]

I'm a Finnish citizen and technically I think I can prove settled status in the UK since I've lived there since the age of 3, although I've been out of the UK for the last 2 years.

We opted for the EU route becasue
a) it's free,
b) I don't have to prove my UK status,
c) I can't see that there's very much difference in having ILR or being a resident through EEA family rights - you have the same right to work/get treated on the NHS etc.
d) via either route you can apply for citizenship after 5 years.

As you are not a British citizen he will have to wait 5 years and then 1 further year to become British.

Unless you become a British citizen yourself in the meantime (why not? - Finland now allows dual citizenship, since 2003), in which case he doesn't need to wait the 1 extra year.

If you had sponsored under the U.K. rules and also become a British citizen then he could look to become naturalised after 3 years.

Any plan to have U.K. born children?

She's been away from the UK for 2 years...does that not have any relevance?

[nordiclatina]

Thanks everyone! Really helpful comments.

Any plan to have U.K. born children?

Yes, but not for the next 5 years!

If you had sponsored under the U.K. rules and also become a British citizen then he could look to become naturalised after 3 years.

I didn't know that. Three years is a lot better than 6! So I'm thinking, surely we could still apply to sponsor him under UK rules before we move next summer? But I have to be a British citizen? I thought "settled status" was enough for VAF1. My family and I were granted ILR in 1988, when I was 9, before Finland joined the EU.

from UK visas website:

Spouses of UK citizens or permanent residents (mainly those with indefinite leave to remain) may come to the UK under marriage visa category, and are able to work as soon as a visa is granted. You will need to meet the following marriage visa requirements:

* If you have been together for less than four years you are granted a marriage visa for a probationary period of two years. If you are still married and living together at the end of two years in the UK permanent residence (properly known as indefinite leave to remain) will usually be granted.

Am I not a permanent resident - or does my absence for the last 2 years negate my 25 years of residence in the UK?

Though I'm still not sure it makes much difference for him being a citizen as opposed to a legal resident (after all I've lived all my life in the UK without a British passport.)

Of course travel to other countries on a Cuban passport will involve more visas than on an EU one. In fact that's really the only issue we have.

We have a bit of a dream to save up and travel around South America before we have kids - ie within the next 5 years. A big trip like that would be easier on an EU passport... or not??

Plus there's the issue of not being able to be outside the UK for more than 6 months.

(We have also considered moving to Spain, since Spain lets Latin American nationals naturalise after just 2 years of residence.)

[/quote]

[thsths]

Am I not a permanent resident - or does my absence for the last 2 years negate my 25 years of residence in the UK?

That is certainly possible. Did you apply for permanent residency or ILR? Since this was before the implementation of Directive 2004/38, you have to consult the previous contracts as to the exact details. Under Directive 2004/38, you loose the status of permanent residence if you are absent from the UK for more than 2 years. It is not quite clear how visits in these 2 years would be treated.

Though I'm still not sure it makes much difference for him being a citizen as opposed to a legal resident (after all I've lived all my life in the UK without a British passport.)

As long as you stay married and as long as you have enough income, there is indeed very little difference.

If you are not sure, you can start on the UK route with a spouse visa. Later you can switch to the EU route at any time.

[JAJ]

Am I not a permanent resident - or does my absence for the last 2 years negate my 25 years of residence in the UK?

I had missed at first the fact you have been outside the U.K. for 2 years.

When does the 2 year anniversary of your last depature come around? That is important.

If your stay outside the UK exceeds 2 years you can apply for returning resident entry clearance: http://www.ukvisas.gov.uk

Of course you could just return to the UK on your Finnish passport but then it will be 6 years before you can become naturalised British (and 5 years before you get your permanent residence back).

A UK born child won't be British unless you at least have permanent resident status when child is born. If you get permanent residence after child is born, child can be registered as a British citizen.

If you get returning resident entry clearance, you might still be able to go for naturalisation after 1 year back in Britain, provided you return quickly. The residence requirement for naturalisation is at this page:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Are your family members still in the UK? They should consider getting their British citizenship, now that they can have dual British/Finnish citizenship.

[nordiclatina]

Thanks for the responses!

Did you apply for permanent residency or ILR?

Yes in 1988. Well my parents did - I was 9. Finland didn't join the EU till 1993.

Is there a difference betweeen ILR and permanent residence? I seem to remember the stamp in my passport said indefinite leave to remain. That passport is at my mum's house in the UK.

When does the 2 year anniversary of your last depature come around? That is important.

Actually it won't, because I was last in the UK from 17th Dec 2006 till 21st Jan 2007, and will be going back now in February, so the longest I will ever have spent outside the country is 13 months. Though since they don't record the entry and exit of EU citizens how do I prove that? flight tickets?
BUT

It is not quite clear how visits in these 2 years would be treated.

I have not been employed etc in the UK since I left on the 3rd Jan 2006 - so just over 2 years ago.