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Can I travel while my ILR is in process

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

vinny
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Re: Can I travel while my ILR is in process

Post by vinny » Sun Dec 09, 2018 11:41 pm

Please ask you husband to confirm that he still retains his EEA/EU nationality after naturalisation.

It’s unfortunate that they didn’t put up warnings for EEA/EU citizens on how naturalisation may affect their family members under the EEA Regulations.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Fleritta
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Joined: Sun Dec 09, 2018 9:05 am
Argentina

Re: Can I travel while my ILR is in process

Post by Fleritta » Mon Dec 10, 2018 6:06 am

vinny wrote:
Sun Dec 09, 2018 11:41 pm
Please ask you husband to confirm that he still retains his EEA/EU nationality after naturalisation.

It’s unfortunate that they didn’t put up warnings for EEA/EU citizens on how naturalisation may affect their family members under the EEA Regulations.
Good morning Vinny,

What do you mean? Do you recommend to write and attach a letter stating this or just attach the copy of his EU passport?

I probably also need to attach my passport to the application so they can see what criteria I am not meeting, correct?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can I travel while my ILR is in process

Post by vinny » Mon Dec 10, 2018 6:53 am

I meant that he should make sure that his EU country allows dual citizenship, as is the case in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Fleritta
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Posts: 18
Joined: Sun Dec 09, 2018 9:05 am
Argentina

Re: Can I travel while my ILR is in process

Post by Fleritta » Mon Dec 10, 2018 7:07 am

He is SPANISH and British.

I am not close to the details but I think he has 3 years to decide wheather he is ready to drop his SPANISH one.

Am I completely screwed?

Fleritta
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Posts: 18
Joined: Sun Dec 09, 2018 9:05 am
Argentina

Re: Can I travel while my ILR is in process

Post by Fleritta » Mon Dec 10, 2018 7:21 am

Just woke up my husband to ask the question, he confirmed that Spain allows him to have a British nationality and keep the Spanish one

vinny
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Re: Can I travel while my ILR is in process

Post by vinny » Mon Dec 10, 2018 9:04 am

Dual citizenship
Dual citizenship is permitted for all Spaniards by origin, as long as they declare their will to retain Spanish nationality within three years of the acquisition of another nationality.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Can I travel while my ILR is in process

Post by vinny » Sun Dec 30, 2018 6:44 am

Fleritta wrote:
Sun Dec 09, 2018 10:43 pm
So, I should not upload any document or biometrics? And just go to the appointment on 27th without anything in the system, correct?

I wish 27th December were tomorrow.
Any news?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Fleritta
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Posts: 18
Joined: Sun Dec 09, 2018 9:05 am
Argentina

Re: Can I travel while my ILR is in process

Post by Fleritta » Thu Jan 10, 2019 1:57 pm

hi Vinny,

Thank you for your continuous support!

No news for now. I wrote a letter on 17th December to Home office explaining my mistake and asking to void my ILR application. I have not submitted any biometrics or documents.

Last week I submitted my application for a permanent residency, attaching the clarification note about my ILR application. Now I am just waiting for the outcome.

Can you please tell me wheather I am allowed to continue my employment given that my current Residency card as a family member of Eea national expires tomorrow?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can I travel while my ILR is in process

Post by vinny » Mon Jan 14, 2019 1:01 am

Your rights to work are automatically derived from your EEA spouse with PR under the EEA regulations. But your employer may regard your evidence for his excuse against a fine as insufficient.

The Home Office should send you another Certificate of Application, etc., as evidence of your right to work for your employer.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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