Please check with the nearest British embassy.

Good luck

Hello, I am pretty sure its appendix 2, but I will confirm after going through it on friday, as right now I am very busy.

Yes, your wife has to do the english test before you can submitt your application form.

regards

Hi Mr Lookforward,

Could you please help me.

I am a non-EEA national who lives in the UK since 02/07/2005.

I came here with a student visa which was required for my studies.

I’ve been living together with an EU national as boyfriend and girlfriend since 03/2008 (which I am able to prove with our utility bills).

We got married in 01/02/2010 and I’ve been issued with an EEA family permit on the 18/02/2010. Then I’ve received my EEA2 Residence Card 25/08/2011 which is valid from 25/08/2010 and it’s issued for 5 years.

I’ve been a house wife since 09/2010 so my family permit is depending on my husband.

I was wondering under EU law when can I apply for British Citizenship?

Is it 5 years from the time we’ve been living together?

Is it 5 years from time we’ve got married?

Or is it 5 years from the time I’ve been issued with the residence card?

(This residence card by the way had gone when I got mugged in Barcelona in 08/2011. The one I’ve hold is a replacement permit and it’s valid from 14/09/2011)

There’s another thing as well. My husband has got his Permanent residence status since 11/01/2011and he became a British Citizen on the 22/10/2012. (The issue date of the Certificate is the 15/11/2012). So now because of his dual nationality I could become a British Citizen under British law as well.

So the question is,

Can i skip 1 year PR because he become a British Citizen?

Is it 2 years from the date he has been issued with his PR?

Is it 2 years from the date he became a British Citizen?

Or has the law changed from 2 years to 5 years this year?

And if it wasn’t enough now I don’t know if I have to apply for a different permit because he became British?

Thank you very much for the time you spent reading my letter. Any advice is much appreciated.

Kind Regards,

Let me explain something to you. The residence as a married partner under eu is automatic. But residence as unmarried partner is not automatic. Residence as unmarried partner has to be applied and only valid when granted.

So, in your particular circumstances, you will gain automatic PR on the 5th anniversary of you marriage. You can apply for eea4 if you wish.

Now the nationality law.

Once you gain automatic PR on the fifth anniversary of your marriage, you will immediately qualify to apply for citizenship. Because on your fifth anniversary, you will be regarded as "free from immigration time restrictions" and because on the date you apply for naturalisation you will be married to a British Citizen and hence will not wait further one year to apply.

So, its a bit of a cris cross between eu regulations and nationality law.

regards

I seem to be going around in circles.

Could somebody point me in the right direction.

Applying for ILR for my wife but I cannot seem to locate all the correct forms applicable to are situation.

When the visa is granted we all will be going to the UK.

Summary:

I am a British citizen. I am married to a Thai national (married February 2005).

We have a 4 year old daughter that has a Thai and British birth certificate and

Thai and British passport.

 *******  I live here in Thailand so I am not present and settled in the UK at this moment in time.

What Forms and Appendix to use?

Is it

PERSONAL DETAILS FORM (VAF4A DECEMBER 2012)

FAMILY SETTLEMENT APPLICATION FORM

If so this form then states under:

Selecting the correct Appendix

You should complete Appendix 1 if you wish to come to the UK as:

• The adult dependant relative of a person who is present and settled in the UK;    SEE above marked *******

You should complete Appendix 2 (the financial details) if you wish to come to the UK as:

• The spouse or civil partner of someone settled in the UK; or

Appendixes 3 – 6 are definitely not applicable to me.

Do I also need

The spouse or civil partner of someone settled in the UK;   

Form SU07/12  - SPONSORSHIP UNDERTAKING FORM

Lastly has the

English Language Requirement

need to be successfully completed before submitting our visa application?

Thank you