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Citizenship

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Forget-me-not
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Joined: Fri Mar 28, 2008 3:48 pm

Citizenship

Post by Forget-me-not » Mon Mar 31, 2008 4:06 pm

Hi there,
I am Ukrainian, been living in the UK since 2001, on student visa, in 2004 married to Portuguese(he has been livining in the UK since 1987, however has not apply for residence permit)
In Jan 2005 I received a visa for 5 years, and my husband received resident card for 5 years as well.
When can I (and my husband) apply for a ILR, is it after 5 years of marriage, or 5 years from the visa date( the difference between them is about 7 months)
I believe I need to use EEA4 form?
What is happenning after I receive permanent residence, when can i apply for a british nationality?
Is ILR and permanent residence the same thing?
Thanks to everyone

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: Citizenship

Post by thsths » Mon Mar 31, 2008 8:12 pm

Forget-me-not wrote:When can I (and my husband) apply for a ILR, is it after 5 years of marriage, or 5 years from the visa date( the difference between them is about 7 months)
I believe I need to use EEA4 form?
Your husband can apply already, and he could even naturalise now. You can apply using form EEA4 5 years after the marriage (maybe 5 years after you moved together, if that is earlier).

If time is an issue (why?), you may be able to apply for ILR after 4 years under UK legislation. This is a bit complicated, and there may be details that prevent it, and it may require your husband to naturalise first.
What is happenning after I receive permanent residence, when can i apply for a british nationality?
You can apply one year after you qualify for Permanent Residence. You do not have to wait for one year after you get the Permanent Residence card.
Is ILR and permanent residence the same thing?
Nearly, but ILR is the term of the UK law (which may change soon), and Permanent Residence is a concept of EU law.

Tom

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Mon Mar 31, 2008 8:15 pm

You obtain permanent residency five years from the date of marriage. So you get PR in 2009...what month did you marry?

Permanent residency is the same as ILR, except that PR is obtained under EU regulations and ILR is given under UK immigration laws. As you are here under EU regulations, you obtain PR automatically after five years of residence in the UK - you don't need to apply for this, but a vignette in your passport does make things easier. This application is free, whereas the application for ILR is not free and is not automatic.

Your husband already has PR, and if he wants to, he can apply for naturalisation as a British citizen now (this isn't automatic or free, and he will need to take the Life in the UK Test for this). This might or might not have an impact on how quick you can obtain British citizenship - the rules are currently being changed and by the time you acquire PR it might not help you....how long were you together before you married?

Why did you apply for the eea residence card and not the spouse visa?

sakura
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Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: Citizenship

Post by sakura » Mon Mar 31, 2008 8:17 pm

sorry...wrong message

Forget-me-not
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Re: Citizenship

Post by Forget-me-not » Tue Apr 01, 2008 5:09 pm

Tom , thank you for your reply.
We live togehter since 2002, but I was on student visa until Jan 2005, we married in July 2004 and applied for a residence card under form EEA1(i think) and waited until Jan 05 to receive the dox.
Does it mean I could apply 5 years after start living together,therefore in 2007? Sounds unbelievable!

time is an issue, as I am tired of applying for various visas :(

Quote You can apply one year after you qualify for Permanent Residence. You do not have to wait for one year after you get the Permanent Residence card. Does it mean I can apply for a nationality straight after receiving the PR??

Thanks again
Last edited by Forget-me-not on Tue Apr 01, 2008 5:17 pm, edited 1 time in total.

Forget-me-not
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Post by Forget-me-not » Tue Apr 01, 2008 5:16 pm

Sakura thank you for your reply.

We married in July 2004, from you message I understand that we can apply in June -July 2009, is it correct, even so that the stamp in my passport is valid until Jan 2010???


quote:
Your husband already has PR, and if he wants to, he can apply for naturalisation as a British citizen now (this isn't automatic or free, and he will need to take the Life in the UK Test for this). This might or might not have an impact on how quick you can obtain British citizenship - the rules are currently being changed and by the time you acquire PR it might not help you....how long were you together before you married?
we have lived togehter since 2002, and married in July 2004
May I please ask what do you mean by this?
Would I be able to apply for British Citizenship without my husband, or does he need to get it first?

Why did you apply for the eea residence card and not the spouse visa?
We contacted the HO and they said we need to apply under eea form, as is EU not British

So I understood that I will need to take a test live in the UK and than apply for PR in summer 2009 and than for BN

Manythanks

[/quote]
Last edited by Forget-me-not on Tue Apr 01, 2008 5:19 pm, edited 1 time in total.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Apr 01, 2008 5:18 pm

Correct me if I'm wrong but I think u have to give up you Ukrainian Citizenship, dunno if that is of importance to you, I know it is to my Russian gf, and she doesn't have to give hers up, just she can't consider herself British.

Of course, I'm sure the UKr authorities would never know u got UK citz. unless u travelled home on ur UK passport.
An chéad stad eile Stáisiún Uí Chonghaile....

Forget-me-not
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Joined: Fri Mar 28, 2008 3:48 pm

Post by Forget-me-not » Tue Apr 01, 2008 5:21 pm

I guess I can leave without Ukrainian citizenship.
and than members of EU and UK do not need visa to Ukraine

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Citizenship

Post by JAJ » Wed Apr 02, 2008 3:30 am

Forget-me-not wrote:Hi there,
I am Ukrainian, been living in the UK since 2001, on student visa, in 2004 married to Portuguese(he has been livining in the UK since 1987, however has not apply for residence permit)
In Jan 2005 I received a visa for 5 years, and my husband received resident card for 5 years as well.
When can I (and my husband) apply for a ILR, is it after 5 years of marriage, or 5 years from the visa date( the difference between them is about 7 months)
I believe I need to use EEA4 form?
What is happenning after I receive permanent residence, when can i apply for a british nationality?
Is ILR and permanent residence the same thing?
Thanks to everyone
Does your Portuguese spouse intend to become a British citizen?

This will affect when you can become a British citizen.

Forget-me-not
Newly Registered
Posts: 7
Joined: Fri Mar 28, 2008 3:48 pm

Re: Citizenship

Post by Forget-me-not » Wed Apr 02, 2008 9:18 am

HI

Does your Portuguese spouse intend to become a British citizen?

We are not sure, as dont want to bother really.
I thought that I can apply under EEA4 on my behalf only + his dox for PR and than for British citizenship.

Is not correct?
Sorry I am getting confused now, what to do and when.
Many thanks for your reply

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