ukthesis

If I want to post a query about someone who lives in Moldova, sited in "Europe" but outside of the European Union, which forum do I use on this site? I can see Europe listed as a forum topic but it only seems to cover that part of Europe inside the EU. Thanks.

dmu

Hi, you'd have to post in the general part of the Europe section under the dedicated countries. Queries about less "popular" countries such as Greece, Czechoslovakia, Bulgaria ... are included, but I've never seen mention of Moldova. But some one in Europe might be able to answer your query all the same....

mikelincs

Europe would be the correct forum, the thing is that there are not that many Europe countries, at the moment, that are not part of the EU.

Jerseygirl

I have moved your thread into the Europe forum. Please note that the Welcome Inn is solely for new members to introduce themselves.

ukthesis

Thanks. Really, my query is simple. I am married to a lady who presently live in Moldova (next to Romania). In a year or two we may decide that she needs to reside with me (I am a UK national) in the UK.

This is my understanding, but which I need a few comments, since the UK government website only gives the most basic information.

She is not really interested in UK citizenship. The rules on how long (number of days) she is allowed to leave the UK before she can apply for UK citizenship are quite strict. If she only wants UK residence, there is a lot more scope for her to return temporarily to Moldova, where she has family commitments. I was told that, for example, she could leave the UK for up to 5 months in a year and it would not jeapordise her application for UK residence (ILR). For UK citizenship, she would have to live in the UK a lot more (9 months in a year) in the few years before she could apply for it.

Is this true? Having to live in the UK for 9 months or more in a year is a problem for her, and in this case, she should instead apply for UK residence (ILR) rather than for UK citizenship?

On the other hand, if she gets ILR (without UK citizenship), can she then come and go from the UK without limits? Or if she gets IRL, does she still have to reside in the UK a certain number of days or months in order to continue to qualify for it in succeeding years?

Jerseygirl

Now you've posted further info I will move your post into the UK Immigration forum. When posting please try to give as much info as possible in your opening post. Thanks.

formula

The forum you have already asked this on and received replys to, is very good.
UK immigration on compassionate grounds : Immigration for family members • Immigrationboards.com

BritInParis

Your wife would need ILR in order to be eligible for naturalisation as a British citizen. It's not a choice between one or the other. Once your wife obtains ILR, as the spouse of a British citizen, she can immediately apply to naturalise. No further period of residence is required. As a British citizen she can come and go as she pleases between the UK and Moldova. Both the UK and Moldova permit dual nationality.

ukthesis

I'm a bit confused. She applies and gets, let's say, settlement, or the ILR visa. This is after 5 years (I meet the financial requirement).

In order to get ILR she does not have to obey the same UK residence rules as she would have to do for UK citizenship. I looked this up to confirm this point, and for example in the final year before she applies for UK citizenship she cannot leave the UK for over 90 days.

The UK residency rules, if she just wants settlement, are a lot looser. I was reading today a recent home office document on this. She if she only wants settlement (not UK citizenship) she can leave the UK for up to 6 months in a year.

So there is a clear difference. She could meet the looser UK residency rules for ILR (settlement) but not meet those for UK citizenship. I was first told this by someone and this advice seems to hold up.

I was told by the same source then even after she gets ILR, if she spends most of her time outside the UK there may be questions asked. Basically, the only way she could be sure that she would not have problems with UK immigration over her residency stays is if she got a UK passport after taking out UK citizenship. Whether this is true, that I don't know.

mikelincs

Yes, once a British Citizen, then she could come and go as she pleased.

ukthesis

But as I may have already explained she has family commitments in Moldova, so it's not like she may need to go there temporarily regardless of the UK residency rules for citizenship. This is why I recommended to her she only go for settlement, since she might have a problem attempting to meet residency rules for UK citizenship. Anyhow, if you don't know the answer, which seems the case, that's fine.

SanDiegogirl

Once your partner has ILR she can decide whether to go for naturalisation or not.

You seem to be saying that staying on just ILR means she can be out of the UK for up to 6 months a year. If trying for naturalisation then there are more restrictions, as obtaining British citizenship means you have to have remained in the UK for a higher percentage per year.

So, if you wife will have possible numerous and unknown lengths of time out of the country from time to time its probably best if she remains on just ILR. With frequent lapses in residency in the UK it is possible she would not qualify for naturalisation anyway.

The only problem with this is that the only way one can truly"come and go as one pleases" in and out of the UK is to be a citizen. Even with ILR you are still under immigration control.

Pulaski

I think you have all the information above, yet you seem to think there is a gap in the information. What are you still not clear about?