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charles5480  
#1 Posted : 31 May 2013 18:36:19(UTC)
charles5480

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Fine, but your husband must first get the Indefinite Live to Remain (ILR). Then, he can now apply for the citizenship. Otherwise, he will be refused. Hope this help?

Edited by user 30 December 2015 18:36:30(UTC)  | Reason: Not specified

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mrlookforward  
#2 Posted : 01 June 2013 00:58:23(UTC)
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First of all, please totally ignore comments of Anonymous Anonymous. He hasn't got a clue about what he is talking about.

I would like to make it clear that under EU Regulations, permission to live with EEA national spouse (you in this case) is automatic by the operation of the law. The residence card he has in his passport is merely a confirmation of his rights.

Your husband has two options now

1. He can apply for "permanent residence" by filling up application form EEA4 (not EEA1, as you suggested). For this he will have to include proof that his spouse who is EEA national (you) have exercised treaty rights for a period of 5 years. He will have to submit your p60's to cover all five years. After a few months of making his application, he will get "permanent residence" endorsement in his passport. Once he has that, he can apply for Citizenship 1 year after that, and on this citizenship application he will only need to submit his passport and KoLL test pass certificates.




2. Other option is, that he skips EEA4 and applies for British Citizenship straight. This could only be possible if you exercised your treaty right for the first 5 years, and then a further one year perios has passed.

So, if you started working in January 2008 and kept on working until January 2013, then your husband will be eligible to apply for naturalisation in January 2014. With this citizenship application, he will have to submit proof that you were exercising treaty rights, by working etc from january 2008 to january 2013. This in turn will imply that he gained permanent residence automatically by operation of law in January 2013, and then in January 2014 he becomes eligible to apply for naturalisation as British citizen as he has spent one year "free from immigration time restrictions.

Just choose and decide which option you want to take. There is lot more information and very quirky ways in which EU regulations work. Rather than me having to explain the whole law, you can first decide which route you want to take, and then I will just explain what you need to know in your specific circumstance.

If you have any further queries, then please ask, and also mention your full work or other economic activity in UK since the day you arrived. Please mention date when your started work etc. This is the most important factor for any future applications to UKBA.

Once again, please clearly mention full and detailed work or other economic activity in UK since you arrived.

regards

Edited by user 30 December 2015 17:40:35(UTC)  | Reason: Not specified

lifeintheuktest  
#3 Posted : 01 June 2013 12:25:27(UTC)
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Hello


Thanks so much for your quick response. I think we will take option two. I'm in employment since February 2008 (2 different companies, but no gaps in between). My husband worked from January 2008 for one year for a company and is since 2009 self employed (we got all his tax returns). We started getting all the documents together including utility bills, bank statements, referees, P60s... He passed the Life in the UK test. I guess now it's just waiting a few more months until we can hand in the application.


What does the "free from immigration time regstictions" mean?


Thanks so much for your help.



mrlookforward  
#4 Posted : 01 June 2013 13:43:31(UTC)
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Now, for the purpose of your application, we will totally ignore what your husband was doing. He gets his rights by you the eea citizen exercising rights ie working.

To keep things simple you should count your periods from February 2008 when you started working.

Your husband automatically gained "Permanent Residence" in February 2013 and hence he became "free from immigration time restictions".

He becomes eligible to apply for naturalisation one year after he became "free from immigration time restrictions". Simply put, he will be eligible in 2014 for naturalisation.

(He could be eligible in January 2014, but I am trying to keep it simple for you so that its easy for you to get the paper trail right and understood correctly).

So with application he can include.

Your very first wage slip from Feb 2008
Your P60 for year ending March/april 2008
Your P60 for year ending March/april 2009
Your P60 for year ending March/april 2010
Your P60 for year ending March/april 2011
Your P60 for year ending March/april 2012
Your wage slip for February 2013
Your P60 for year ending March/april 2013


Not strictly required, but if you could obtain letter from your first employer confirming your period of employment, plus a similar letter confirming your current employment, including the date you started working for them.

Once again, all the above documents are for your employment and not your husband's employment or self employment.

Do not include any of your husband employment or self employment with the application. Including them will not help him in any way, will just create more clutter and paperwork for the caseworker deciding his application.

Now the next bit is, to prove that you and him have been living together. No need to send them a pile of documents. I would say just 4-5 bills or bank statements for every year are more than sufficient.

Now the last bit. Knowledge of life test requirements are changing from october 2013. So, your husband will have to show two documents.

1. Life in the UK Test. He already has this.

2. A test pass to show he has speaking and listen qualifications at level B1 Cefr or above. If he has a degree taught in UK, then he is exempt. Or, if he has a degree taught in south africa then this degree must be certified by UK Naric.
If he has no degrees, then I will tell you about a test centre he can go to, and get a test done. Its a very easy test. Done and dusted in 15 minutes, and costs about £110 pounds a shot.

regards


lifeintheuktest  
#5 Posted : 01 June 2013 14:27:52(UTC)
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Hi there


this is so helpful; very much appreciated. Thank you!


We have both our names on the bills... regarding the bank statements, his or my statements?


He has not studied in the UK but his first language is English. He studied in South Africa for 3 years at an Advertising School; he's got a Diploma in Visual Communications, specialised in Multimedia. So I'm guessing we have to see if it can be certified by UK Naric. Or just in case can you let me know about a test centre, please?


Thank you.



mrlookforward  
#6 Posted : 01 June 2013 18:25:07(UTC)
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You do not need to guess whether the Diploma can be certified by UK Naric or not. The reason being, there is no point to it. By degree UKBA means a degree, not diploma. Diplomas are of no use in this matter.

As south africa is not regarded as a "majority english country" according to immigration rules, he will have to pass B1 test. There is no two ways about it. Get cracking and get the test done. :)

And make sure you are doing the correct test certified by correct body.

If you can't work out which one and where, do let me know, and I will fish out the info for you. If you live in london or manchester, then I have the info readily available.

regard
lifeintheuktest  
#7 Posted : 01 June 2013 21:15:18(UTC)
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Thanks, I'll have a look at the test. One more question then that should be it. Besides all of the documents you listed above, we have to send in our passports, is that correct?


lifeintheuktest  
#8 Posted : 01 June 2013 22:12:27(UTC)
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I was just reading about the test. Can he just take the test or does he have to do a full course (ESOL with a citizenship context, 20 hours at least)? We are in Brighton; there are accredited schools, city college and university down here...
mrlookforward  
#9 Posted : 02 June 2013 10:31:42(UTC)
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Yes off course the passports.

No, not the esol with citizenship or anything. This was old story.

When he applies Knowledge of Life requirement will become "Knowledge of life and language" or KOLL in short.

This KOLL will have two separate requirements

1. Life in the UK Test. He has already got it. No matter when he passed this test, it is valid forever.

2. Pass a B1 level english speaking and listening test. If someone is not good at english, then they will need to attend classes to be able to pass exam. You know he does not need to "learn" english, so he just books a test. The test is only 15 minutes with an examiner. Basically in and out and about £ 110 pounds. When I get a chance, I will have a look where is authorised test centre near you. But I do readily have info about the london test centre.

regards
mrlookforward  
#10 Posted : 02 June 2013 10:46:46(UTC)
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Actually if you know the accredited colleges near you, you could enquire about B1 cefr level english test. Just do not mention citizenship material or anything like that. That is irrelevant.

Some accredited colleges might only offer the full B1 test with speaking, listening and writing. There is no harm in doing that either. But UKBA is just concerned about speaking and listening pass at B1 level. If someone fails in writing part, that will be fine too.

regards
lifeintheuktest  
#11 Posted : 14 June 2013 13:41:15(UTC)
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Hi ya, thanks so much for all your help. I appreciate that very much. We know finally now what to do. Have a good weekend.
lifeintheuktest  
#12 Posted : 16 August 2013 12:14:03(UTC)
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Hello there, I'm trying to find out which accredited institution in Brighton does this English test and none of the Language schools and colleges that are mention on lists on the BA Home Office page do this Level B1 English Test.



Can you please let me know an institution closest to us that does this test?


Thanks so much.



charles5480  
#13 Posted : 16 August 2013 15:17:07(UTC)
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Hello, I just did my Speaking and Listening (Graded Exam in English Language) GESE Grade 5 last week, and passed with distinction which was tested to B1 Level at CFR ESOL Level 3. The name of the college is Trinity College London. The college is approved by the Home Office. Just log on to their website, find the required infomation there register and book a centre close to you. Regards

Edited by user 27 December 2015 16:24:24(UTC)  | Reason: Not specified

mrlookforward  
#14 Posted : 16 August 2013 19:55:35(UTC)
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@ isi I

He can do pearson english test. Go and visit them and enquire.

Pearson Professional Centres, Victoria House,
4th Floor 125 Queens Rd,
Brighton
BN1 3WB

He also has the option to travel to london, do that 15 minutes test and travel back same day.

If the pearson test is not suitable for any reason, then let me know, and I will post the details of london trinity test centre.

regards

Edited by user 27 December 2015 16:24:24(UTC)  | Reason: Not specified

lifeintheuktest  
#15 Posted : 23 August 2013 17:31:12(UTC)
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Hello, thanks so much for the details about Trinity and Pearson. Much appreciated!
lifeintheuktest  
#16 Posted : 02 September 2013 14:51:39(UTC)
lifeintheuktest

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hello everyone i am new here in u.k and new of this site i hope i could find answer here.  i hope somebody can give me some answers. what  form we needs to fill in eea forms  i am filipina from phils. my husband is a german national worked here in london. i came here through eea family permit. we havnt yet apply for eea because we're confused of  what to do first. can everyone help us what are the first thing to do to have eea residence card? do my husband need to fill it too?  
 
pls help us...because i need to stay here with him because i am pregnant of our first child :(
i'm looking forward of a good hearted person here thank you!
lifeintheuktest  
#17 Posted : 02 September 2013 14:51:39(UTC)
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Hi there

I'm a bit confused and hope to find some help here. My husband (South African) and I (German) came to the UK in January 2008 and been in the country for over 5 years now. He's got a visa that is called Residence Documentation: Residence Card of a Family Member of an EEA National.


My question: Can he apply now for Naturalisation? Or does he have to fill in form EEA1 and has to have the resident card for 1 year and then apply for Naturalisation?


Thanks so much for your help.


Isabel

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