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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6466
Experience:  BA (Hons), PgDip, Practising Solicitor
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Good morning. My wife and me have stayed in the UK for over

Resolved Question:

Good morning.
My wife and me have stayed in the UK for over 6 years ( her entry date was the 6 of April 2005 first time she arrived in the UK ). The 25 of July 2006 she received permission to stay in the UK as a family member of an EEA national ( Im danish and my wife is from Venezuela ). This Visa is due the 18 of July 2011. I might add that the reason there is a gap between the entry date in the UK and the start of the Visa is because a solicitor made big mistakes in applying for the Visa.
My question is : Can we now apply for a british pasport for my wife and how is the best way to do this ??. I have been looking on the immigration website and it is a little confusing. F.ex my wife spealk english and has been working all the time as head chef and as restaurant manager but she hasnt been to a college ( proof of english ).

Thank you very much for your help and service.

Have a nice day.

Kind regards.
Henning Jensen

email :XXX@XXXXXX.XXX
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Can you confirm that your wife has received her residence card as the non-eea spouse of an eea national (ie. You) and that this is to expire 25 July ?

Kind regards.

Tom

Customer: replied 3 years ago.

Good morning Tom.

 

She never received a card from the immigration but they stamped her pasport and it says she can stay as a family member ( she is my wife ) and they wrote my name inside as well.With the pasport we also received a letter saying that she could stay as my spouse.

 

Kind Regards.

 

Henning Jensen

Expert:  Thomas replied 3 years ago.
Hi Henning,

Thanks for your question.

I think from what you say that she has received her Residence Card, it either takes the form of a stamp in her passport or as a separate document and is granted for a period of 5 years.

In order for any one to apply to be naturalised as a UK citizen and receive a UK passport thereafter they must first be free of immigration restrictions. In the case of EEA Nationals and their non-EEA family members this means that they must apply for an obtain Permanent Residence.

She needs to apply for PR by using the UKBA’s form EEA4 once she has been exercising her treaty rights for 5 years (ie. working and being self-sufficient). The form is available for download from the UKBA website but you may wish to instruct a solicitor to prepare the application on her behalf, it would cost around £600-800 + Vat.

PR means that she would then have an indefinite right to remain/enter the UK regardless of her relationship with you, so she may decide that she does not need to apply for a UK passport.

Once she has received PR she would need to apply to be naturalised as a UK citizen. She would need to meet the criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

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Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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