Permanent Visa Application

[teenu]

I am spouse of a British citizen.During the application of my dependent spouse visa,my husband was in PR state and i got a 2year valid visa which would expire in 2011 November.It has been 6months i am living in UK in a dependent spouse visa ,and in this period my husband has become british .So my doubt is that

am i now eligible to apply for a PR?

Would i get it soon?

Also in my PR card will it be explicitly written "family member of EU citizen'.do we need to do anything for that to be written,like special application?
Please any body reply

[John]

The granting of British Citizenship to your spouse makes no difference to when you can make your next application. But let's clarify .... where was your spouse visa granted? In the UK, or outside the UK? Also was it for 2 years, or for 27 months?

If the visa was granted outside the UK, what was the date you first used that visa to enter the UK?

[teenu]

The granting of British Citizenship to your spouse makes no difference to when you can make your next application. But let's clarify .... where was your spouse visa granted? In the UK, or outside the UK? Also was it for 2 years, or for 27 months?

If the visa was granted outside the UK, what was the date you first used that visa to enter the UK?

Hi John,
thanks for the reply

yeah the visa was granted outside the UK
and also it was for 27 months
and i used it on 23-aug-2009 for the first entry

Does this make any difference?

[John]

OK, thanks for clarifying that. ILR can be applied for no earlier than 28 days before the 2nd anniversary of your 1st date of entry into the UK using the spouse visa = 26.08.11 .... and no later than the expiry date of the existing 27-month spouse visa = sometime in November 2011.

That assumes that by then you have passed the Life in the UK Citizenship test. No test pass = no ability to apply for ILR = need to apply for a further 2-year spouse visa.

Have you started to study for the test?

Also in my PR card will it be explicitly written "family member of EU citizen'

You are confusing PR under the EU route with ILR on the UK immigration route. You ILR visa will definitely not say the words you quote.

[teenu]

OK, thanks for clarifying that. ILR can be applied for no earlier than 28 days before the 2nd anniversary of your 1st date of entry into the UK using the spouse visa = 26.08.11 .... and no later than the expiry date of the existing 27-month spouse visa = sometime in November 2011.

That assumes that by then you have passed the Life in the UK Citizenship test. No test pass = no ability to apply for ILR = need to apply for a further 2-year spouse visa.

Have you started to study for the test?

Also in my PR card will it be explicitly written "family member of EU citizen'

You are confusing PR under the EU route with ILR on the UK immigration route. You ILR visa will definitely not say the words you quote.

thanks again John..
i haven't started to studying for the test.Can i take the test at any time?Or is there some time period for that too?

and about PR/ILR ..
my real problem is that i need to get a schengen visa for spain,in October.so i was going through their embassy site and i found this below


Please note that you may only apply for a visa if you are resident in the United Kingdom and your residence permit is stamped in your passport or in separated card.


DEPENDANT OF EU/SPANISH NATIONAL

IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Card are not requiered of a visa to enter Spain. Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National, if not, a visa is requiered under the following conditions:

http://www.maec.es/subwebs/Consulados/L ... vices.aspx
_________________
i assume this is not applicable for my present state of visa.Is that true?

In future,i was thinking,whether,i will have that written on my residence permit ..after 2years when i successfully get one...

please answer
thanks alot in advance

[John]

The test? You can take that at any time, so I would suggest plan to get it out of the way while there is no pressure to pass ..... rather than putting yourself under pressure by leaving the test to nearly the last moment.

But keep the pass certificate in a safe place!

Schengen visa? Yes needed, to enter Spain or any other Schengen area country. Assuming of course that your nationality means that you need such a visa at all. What is your nationality?

[teenu]

The test? You can take that at any time, so I would suggest plan to get it out of the way while there is no pressure to pass ..... rather than putting yourself under pressure by leaving the test to nearly the last moment.

But keep the pass certificate in a safe place!

Schengen visa? Yes needed, to enter Spain or any other Schengen area country. Assuming of course that your nationality means that you need such a visa at all. What is your nationality?

Hi John,
I was referring to this clause given in spain embassy for schengen application

DEPENDANT OF EU/SPANISH NATIONAL

IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Card are not requiered of a visa to enter Spain. Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National, if not, a visa is requiered under the following conditions:

http://www.maec.es/subwebs/Consulados/L ... vices.aspx

My doubts are

1)I do have a residence permit(not Permanent though).So when i apply for PR,after 2years,would my PR states literally am a spouse of British citizen?

2)If it doesnt get literally stated can i request or make some special application to get it stated.

3)If it states literally am a spouse of british citizen then as per this clause
IMPORTANT NOTICE: Under Directive 2004/38/EC and according to Real Decreto 240/2007, 16 February, Family members of an EU/EEA National in possession of a valid UK Residence Card are not requiered of a visa to enter Spain. Please note that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National
I dont need visa to enter atleast Spain.is dat true?My orginal nationality doesnt permit otherwise since i am from Asia.


4)Also how can i legalise my marriage certificate(since its from a non EU country) as per Hague convention.What are the procedures needed to be taken in UK for legalising my marriage certificate.

Thanks in advance

[John]

You need to appreciate that your spouse visa was issued under UK immigration law. It was not issued under the terms of the EU Directive.

That is, you are failing to pick up on the words "Residence Card" which are being quoted by you.

But you are a family member of an EU/EEA national, and therefore the Schengen visa you need will be issued free of charge, if the family connection is proved.

Spain? Their reputation for issuing Schengen visas, at least in London, is well, let's just say that it is a low reputation, and that is the polite version.

Any particular reason why you are mentioning Spain? The Schengen area is of course many countries.

[teenu]

You need to appreciate that your spouse visa was issued under UK immigration law. It was not issued under the terms of the EU Directive.

That is, you are failing to pick up on the words "Residence Card" which are being quoted by you.

But you are a family member of an EU/EEA national, and therefore the Schengen visa you need will be issued free of charge, if the family connection is proved.

Spain? Their reputation for issuing Schengen visas, at least in London, is well, let's just say that it is a low reputation, and that is the polite version.

Any particular reason why you are mentioning Spain? The Schengen area is of course many countries.

we were planning to visit Spain soon..ie y..our first entry point would be Spain...

well as u said family connection is proved..Our marriage certificate is issued by India.So does that mean i need to legalise by certificate as per Hague convention?If so what are the steps needed to to do so.