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EU citizens who are married to British citizens

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immigration1
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EU citizens who are married to British citizens

Post by immigration1 » Fri Jul 06, 2007 9:27 am

If an EU citizen marries a British citizen, could s/he make an application under FLR (M) and would they be given the 2 years probationary period?

Secondly, under what paragraph are family permit applications decided if a non-EU citizens makes such an application to join EU citizen in the UK who is exercising a Treaty Right? Some British embassys, high commissions are deciding such applications under Rule 281 of HC395, is this correct?!

John
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Post by John » Fri Jul 06, 2007 10:56 am

If an EU citizen marries a British citizen, could s/he make an application under FLR (M) and would they be given the 2 years probationary period?
Why would that EU citizen wish to make such an application? As an EU citizen they can simply move to the UK (if they are not already here).
under what paragraph are family permit applications decided if a non-EU citizens makes such an application to join EU citizen in the UK who is exercising a Treaty Right? Some British embassys, high commissions are deciding such applications under Rule 281 of HC395, is this correct?!
No, I don't think it would be. But where is the evidence that "family permit applications" are being dealt with under para 281 of the Immigration Rules?

Are you sure that an application is not being made for a 2-year spouse visa under UK immigration law?
John

JAJ
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Post by JAJ » Fri Jul 06, 2007 11:18 am

John wrote: Why would that EU citizen wish to make such an application? As an EU citizen they can simply move to the UK (if they are not already here).
Mainly to get permanent residence more quickly, I would have thought. Section 16 of this document explains that it is possible.
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

But since the recent fee increases for spouse visas and ILR, I would think the "ppron method" would be a cheaper way of becoming naturalised British, if that's the reason for wanting to go the UK-rules route.

Docterror
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Post by Docterror » Fri Jul 06, 2007 11:31 am

One reason for the EU national to apply for the Spouse visa would be to get naturalised as a BC faster, as the British passport does confer visa-free travel to many countries- a privilage not extended to a lot of the new-EU countries.

So, if the scenario indeed be feasible, I donot not see any reason that would lead to a Spouse visa not to be considered under the UK rules if the applicant wants it to be.
Jabi

John
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Post by John » Fri Jul 06, 2007 11:36 am

JAJ wrote:Mainly to get permanent residence more quickly
Agreed, but I question whether it is worth the huge expense of an EU/EEA Citizen speeding up the ability to get PR/ILR and thus Naturalisation.

Unless they are desperate to vote in UK Parliamentary elections, or even stand for the UK Parliament ..... I am failing to see the benefit.
John

JAJ
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Post by JAJ » Fri Jul 06, 2007 12:17 pm

John wrote: Unless they are desperate to vote in UK Parliamentary elections, or even stand for the UK Parliament ..... I am failing to see the benefit.
Maybe it's to get a British passport. But as noted already, the "ppron method" is probably a better option for those EEA/Swiss citizens married to British citizens who want to get naturalisation asap.

Fairtrade
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Post by Fairtrade » Sun Jul 08, 2007 4:11 am

Sorry I am hijacking your thread, would it not be advisable for non eu citizens to use the "ppron method" ??

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