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Advice on next visa

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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xicosm
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Advice on next visa

Post by xicosm » Sun Dec 06, 2015 8:29 pm

Hello all!

My wife requires a visa to stay in the UK so I'll give a quick overview of her situation and then ask for some advice.

I am an EEA national and my wife is not. We got married, she got an EEA family permit before coming to the UK that was valid for 6 months. As soon as she arrived (May 2011) we applied for the next visa, UK residence card, that was valid for 5 years. That visa will expire in September 2016.

Our goal is that, as soon as the law allow us, my wife would get a British Passport.

My question is should we follow the EEA route and get her a permanent resident card or should she apply for the ILR straight away?

Also, since her visa only expires in September (but she arrived in May, completing 5 years on May 2016), when would she be able to apply for the next visa?

One of our concerns is that we travel quite a lot, both work and leisure, so we would have to plan very carefully when to apply for the visa as we, mostly she, won't be able to travel for a while.

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Casa
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Re: Advice on next visa

Post by Casa » Sun Dec 06, 2015 8:39 pm

Your wife doesn't have the option of applying for ILR under UK Immigration Rules as she is on th EEA route to settlement. Assuming that you as the EEA citizen have been exercising your Treaty rights throughout, she will qualify for PR after 5 years of residence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

xicosm
Newly Registered
Posts: 7
Joined: Sat Sep 10, 2011 6:07 pm

Re: Advice on next visa

Post by xicosm » Sun Dec 06, 2015 8:46 pm

Hi Casa,

Thanks for the prompt reply.

So, after applying for PR, what would be the next step towards a British nationality?

Thanks again

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Advice on next visa

Post by Casa » Sun Dec 06, 2015 8:50 pm

Qualifying 12 months after PR, assuming all standard requirements are met. Unless you hold British Nationality when she has PR, in which case she would be able to apply for BC immediately PR is granted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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