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The Britons leaving the UK to get their relatives in

Discussion in 'Europe Wide Visa Discussions' started by Aromulus, Jun 25, 2013.

  1. Aromulus
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    Aromulus The Don Staff Member

    This a real gem of an article....

    For once the BBC got its facts right...
  2. johncar54
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    johncar54 Active Member

    I have dual nationality British and Irish.

    As an Irish national I can take my wife to Gibraltar (which I have done) and the UK.

    Legally I cannot use my Irish nationality 'pretending' that I am not British as well. However, I am considering renouncing my British nationality and thus, I understand, that the being Irish I can take my wife to UK completely legally without any additional paperwork.
  3. Aromulus
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    Aromulus The Don Staff Member

    No need for drastic measures my friend....:)

    You do not need to work.........

    Buried far far away............. Near the end..... You will find...

    on a pension... ??? I call that self sufficient...

    Good luck......
  4. johncar54
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    johncar54 Active Member

    Thanks Aromulus;

    I have sent an email to "FOIRequests@homeoffice.gsi.gov.uk" asking about my specific circumstances. I have had a 'read' reply. so far.

    John
  5. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Dom i think thats a typo and should read self employed
  6. Aromulus
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    Aromulus The Don Staff Member

    No typo............
  7. johncar54
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    johncar54 Active Member

    I said I sent an email. Of course no reply but this standard,

    I post it as it may be of some use to someone. :-

    You can no longer use this email address for general immigration enquiries.



    However, if you have sent us information about an immigration offence, or a complaint, we will forward it to the appropriate team. You do not need to send it again.



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    Please visit our comprehensive website at http://www.ukba.homeoffice.gov.uk for further information.





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    5. Students – Changes During Your Stay

    6. Family of British and Settled Persons

    7. UK Ancestry

    8. Child born in the UK

    9. Settlement - Knowledge of Language & Life in the UK

    10 . Indefinite Leave to Enter

    11. New Passport – Transfer of Conditions or No Time Limit

    12. Reporting an immigration offence





    1. Outstanding Applications



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    3. Biometric Residence Permits for Foreign Nationals



    As of 29 February 2012 Nationals of countries outside the European Economic Area and Switzerland must apply for a biometric residence permit (unless they already have one) if they are currently in the UK and they want to:



    extend their temporary permission to stay to a total of 6 months or more;

    apply for permission to settle in the UK (known as 'indefinite leave to remain');

    transfer their permission to stay from an old passport or similar document using form TOC or NTL; or

    apply for a Convention travel document (1951 refugee or 1954 stateless person) or a certificate of travel.



    You do not need to obtain a biometric residence permit if you are a national of a country in the European Economic Area (including the UK) or Switzerland.



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    http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/do-i-need-brp/



    If your BRP has been lost or stolen, or if you need a replacement BRP for other reasons, you will need to submit an BRP(RC) application form. The application form and guidance notes are available on the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/do-i-need-brp/responsibilities/





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    http://www.ukba.homeoffice.gov.uk/business-sponsors/points/quick-guide-pbs/





    5. Students – Changes During Your Stay



    Detailed information explaining what you should do if changes to you or your sponsor occur while you are in the UK as a student under Tier 4 of the points-based system can be found on the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/changes/



    6. Family of British and Settled Persons



    A number of changes to the Immigration Rules came into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.

    These changes define the basis on which a person can enter or remain in the UK on the basis of their family or private life, unifying consideration under the rules and Article 8 of the European Convention on Human Rights.

    If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

    The changes include:

    introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
    extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
    abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
    from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;


    Detailed information about changes to the family migration rules that came into effect on 9 July 2012 can be found on the Home Office website at:

    http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/15-family-mig



    Detailed information about how you can apply to remain in the UK if you are the partner, dependent child or adult dependent relative of a British citizen, a person who is settled, has refugee leave or humanitarian protection here can be found on the Home Office website at:

    http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/





    You will be required to prove your English language ability, if you are applying as the husband, wife or civil partner of a British citizen or someone who is settled here.



    This information is based on Part 8 of the Immigration Rules.



    For details of the English language requirement, see the English language requirement page.



    For further information, please visit the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/26-english-language-partners





    7. UK Ancestry



    Detailed information about UK Ancestry can be found on the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/







    8. Child born in the UK

    If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete one of the following application forms, in order for them to be granted leave to remain as your dependant.



    PBS Dependant application form should be used if the person whom the child is dependant on has been granted leave to remain under the Points Based System.



    FLR(O) application form should be used if the person whom the child is dependant on has been granted leave to remain in any other category.



    On form FLR(O) the child’s details should be entered in Section 1 - Applicant's Details. Your passport should also be enclosed with the application.



    If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the Home Office for your baby. They are deemed to have leave to remain in the UK until you leave.



    If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.





    9. Settlement - Knowledge of Language and Life in the UK



    If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements for settlement. For further information, please visit the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/knowledge-language-life/



    The test changed on 25 March 2013, to ask questions based on information in the new version of the handbook. To be ready to take the test, you must read the correct version of the official handbook.



    Tests taken before 25 March 2013 will be based on the handbook 'Life in the United Kingdom 2nd Edition: A Journey to Citizenship'.


    Tests taken on or after 25 March 2013 will be based on the handbook 'Life in the United Kingdom 3rd Edition: A Guide for New Residents'.
    For detailed information about the Life InThe UK test, please visit the Home Office website at;



    http://www.ukba.homeoffice.gov.uk/v...lement/knowledge-language-life/demonstrating/







    10. Indefinite Leave to Enter



    In terms of your status in the UK, Indefinite Leave to Enter and Indefinite Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry Clearance means, in terms of your current immigration status in the UK, that there is no time limit on your stay in the UK.

    The end date shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette is a guide to the holder for travel purposes only, or relates to the validity dates of the passport/travel document in which the vignette is endorsed.

    The validity and activation of the Entry Clearance is determined by the dates noted on the Entry Clearance vignette not by any ink stamp endorsed in the passport or travel document by a UK Immigration Officer at the port of entry.

    The Immigration Officer’s stamp merely indicates when the Entry Clearance was used to enter the UK but the Entry Clearance is still valid without an on-entry stamp.

    The Entry Clearance should be used to enter the UK within three months of issue but can be used after this date at the discretion of the Immigration Officer.

    Once the expiry date noted on your EC is passed it is not necessary for the holder of Indefinite Leave to Enter status to apply within the UK for Indefinite Leave to remain status as they are effectively the same thing and your "No time limit "status remains extant.







    11. New Passport - Transfer of Conditions or No Time Limit



    Detailed information about transferring your visa or residence permit from an old passport or travel document to a new one can be found on the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/transfer-visa-to-passport/





    12. Reporting an immigration offence



    We take public reports of crime seriously. If you suspect that someone is working illegally, has no right to be in the UK or is involved in smuggling, we want to hear from you.

    You can report your suspicions in confidence using our reporting form.

    Please complete as much of the form as you can. But do not worry if you cannot answer all of the questions - and do not put yourself in danger by trying to discover more information.

    Any information that you provide will be handled in confidence. You can give us your name and address if you wish, but you do not need to do so.

    Other reporting methods



    Alternatively, you can:

    contact Crimestoppers (online or by phone) anonymously

    call the Customs Hotline about smuggling on 0800 595 000

    contact the confidential anti-terrorist hotline on 0800 789 321 or online

    dial 999 in an emergency



    Detailed information how you can report suspected immigration crime (such as illegal immigration or illegally employing foreign workers), smuggling or terrorism can be found on the Home Office website at:



    http://www.ukba.homeoffice.gov.uk/aboutus/contact/report-crime/


  8. johncar54
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    johncar54 Active Member

    Having failed to get a specific response to my email, can anyone suggest an email address where I might get one ?

    Thanks John

    This was my email:-

    I am a British national, aged 73.

    For the past year I have also held an Irish Passport (nationality). My mother was born in Ulster.

    I was a police officer in the UK until retiring as a DCI on ill health in 1988. I have lived as a resident in Spain for the past 18 years. I have not had paid work in Spain, although I have been a voluntary translator with the National Police for 15 years, a post which normally would be paid.

    In 2006 I married my present wife in the Philippines and in June 2006 she came with me to Spain where we have lived together since. She has permanent residency status. She has not worked in Spain.

    I know that if I held just Irish nationality I could take my wife to UK for holidays without any additional paperwork. However, I understand that as I also have British nationality I am not so permitted.

    I have trawled through the internet to avoid troubling you with this but have failed to discover the answer.

    Whilst rather drastic, I am considering renouncing my British Nationality, if that is the only M.O. which will permit me to take my wife to UK on holiday and possibly transit LHR / LGW, without having to travel 500 miles round trip to Madrid to get a visa.

    I should be grateful if you would let me know if I can take my wife to UK without her having to obtain a visa and or an EEA Family Permit.
  9. Anon220806
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    Anon220806 Well-Known Member

    So here's a thought. Presumably withdrawing from the EU would close this route off?

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