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Difference between uk and EEA2

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cutepearl
Member
Posts: 137
Joined: Mon Jan 21, 2008 7:40 pm

Difference between uk and EEA2

Post by cutepearl » Mon Jul 28, 2008 8:51 pm

Guys i would like to know whats the difference between applying for a Residence card and a marriage/spouse visa through uk law.
I think one is money that one is free and the other one cost a fee.

What else is the difference?

Please if anyone know..
regards

yankeegirl
Senior Member
Posts: 697
Joined: Thu Nov 09, 2006 7:52 pm
Location: Northern Ireland

Post by yankeegirl » Mon Jul 28, 2008 10:06 pm

Another main difference between the two is the length of time it takes to obtain permanent residence/citizenship.

Scenario 1: spouse of British citizen comes to UK on two year spouse visa. Just prior to visa expiring, spouse can apply for Indefinite Leave to Remain. Once the spouse has lived in the UK for 3 years and holds ILR, the spouse is eligible to apply for British citizenship.

Scenario 2: spouse of EU citizen enters UK on family permit. After arriving, spouse applies for the residence card which is valid for 5 years. Once spouse has lived in the UK for 5 years, he/she is able to apply for permanent residence. After holding permanent residence for at least one year, spouse is able to apply for British citizenship.

Currently, under the UK rules, one could be eligible for ILR after 2 years and citizenship after 3 years. Under the EU regs, its at least 5 years for PR and 6 for citizenship.

You're able to take up employment, register with the NHS and so on under each system. Each route has it's advantages/disadvantages.

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

Post by vinny » Mon Jul 28, 2008 10:57 pm

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.

cutepearl
Member
Posts: 137
Joined: Mon Jan 21, 2008 7:40 pm

Post by cutepearl » Tue Jul 29, 2008 6:22 pm

So is it possible to marry a non british person and apply under UK rules or do you have to apply on EU rules if you are married to an EU member. I am married to Swedish citizen. I dont mind paying for the application but this bloody thing is taking too long....

Whats the possiblity..
Also Can i apply under british rules after i get my residance card ?? or not ?

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

Post by thsths » Tue Jul 29, 2008 10:12 pm

cutepearl wrote:So is it possible to marry a non british person and apply under UK rules
Yes, but only if the European partner has Permanent Residence, which is granted after 5 years. Otherwise you have to go the EU route. Anyway, you should be able to exercise your rights even without the residence card.

Tom

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