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New Hurdles For Uk Settlement Visa Applicants


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Having just checked the relevant legislation, the non-EEA spouse of an EEA national will not need to obtain either of the language qualifications (ESOL with Citizenship or the Life in the UK test) in order to qualify for indefinite leave.

Paragraph 15(1) of the legislation states inter alia:-

The following persons shall acquire the right to reside in the United Kingdom permanently—

(:D a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years.

As these regulations are derived from a European directive, they can't be derogated from by national government, so unless the European Council changes the rules, the announcement by the Home Office will have no effect on the dependants of EEA nationals.

Scouse.

Cheers,

Thanks Scouse thats some good news anyway :o

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Having just checked the relevant legislation, the non-EEA spouse of an EEA national will not need to obtain either of the language qualifications (ESOL with Citizenship or the Life in the UK test) in order to qualify for indefinite leave.

Paragraph 15(1) of the legislation states inter alia:-

The following persons shall acquire the right to reside in the United Kingdom permanently—

(:o a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years.

As these regulations are derived from a European directive, they can't be derogated from by national government, so unless the European Council changes the rules, the announcement by the Home Office will have no effect on the dependants of EEA nationals.

Cheers,

Scouse.

Previously you only needed to be in UK for 2 years if married to a UK National to request ILR, now this regulation says 5 years.... maybe will have an effect.....still confusion.

EDIT: Sorry I didn't read far enough back in the Thread to learn you were talking about Irish citizens

Edited by Mahout Angrit
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... and the mrs will have to have ESOL Entry 3.

With the citizenship element, too; so ESOL Entry 3 with Citizenship.

Scouse.

Just to clear up any confusion. (or maybe it was just me who was confused). If you are applying for Citizenship you do NOT have to take the ESOL 3 course either, which is just as well given the waiting lists. It simply a recommendation that your English needs to be at that level in order to take the Citizenship test. Possibly my confusion stemmed from the fact that my wife had to take an ESOL test in order for her application in 2005 before the introduction of the current test. So on behalf of someone else, a long term resident who speaks perfectly adequate English and is only now applying for citizenship, I phoned only to be told it is only a recommendation not a requirement.

Apologies if I'm posting info folks already know!!

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Just to clear up any confusion. (or maybe it was just me who was confused). If you are applying for Citizenship you do NOT have to take the ESOL 3 course either, which is just as well given the waiting lists. It simply a recommendation that your English needs to be at that level in order to take the Citizenship test. Possibly my confusion stemmed from the fact that my wife had to take an ESOL test in order for her application in 2005 before the introduction of the current test. So on behalf of someone else, a long term resident who speaks perfectly adequate English and is only now applying for citizenship, I phoned only to be told it is only a recommendation not a requirement.

Apologies if I'm posting info folks already know!!

For Citizenship or ILR (after April 2007)you must

* successfully complete a course of study in ESOL WITH CITIZENSHIP at a recognised college

or

*Pass a short test on knowledge of life in UK at a 'Life in UK' test centre (as this will be conducted in English it satisfies the language understanding)

or

*Be over 65

or

*have a disability which prevents you doing it

Don't know if that's any clearer

Edited by Mahout Angrit
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What are you all moaning for? by the looks of things those tests are a cake walk!.If any of your...wives fail these tests you should be <deleted> ashamed of yourselves for not helping them pass!

I dont believe these tests are going to do anything to solve the problems with intergration,immigration etc that we currently have at the moment.Its just more labour shit.But thats a bonus to any thai trying to get in here.Imgaine what it would be like if the tories got in! :o

But really,Youve got the internet,books,your own f'king knowledge! How can you guys honestly complain about these tests being hard!

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What are you all moaning for? by the looks of things those tests are a cake walk!.If any of your...wives fail these tests you should be <deleted> ashamed of yourselves for not helping them pass!

I dont believe these tests are going to do anything to solve the problems with intergration,immigration etc that we currently have at the moment.Its just more labour shit.But thats a bonus to any thai trying to get in here.Imgaine what it would be like if the tories got in! :o

But really,Youve got the internet,books,your own f'king knowledge! How can you guys honestly complain about these tests being hard!

I do not think anybody is moaning, per se, just extremely worried by further hurdles being put in the way of genuine candidatesobviously their other halves.

I personally believe there is a need for forms of immigration control, the only alternative is having an open border, I will answer that little bombshell on another thread and also a need for some form of commitment to integration.

I am afraid I still havn't had time to read the new rules, but from what I can gather from the posts, the main thing to change is the ESOL level 3 or citizenship test at ILR or equivalent instead of reaching Brit Cit before the test.

This is not too onerous, do the hard yards, read the three chapters, test your better half and then it's a walk in the park, don't stress yourself over it.

Don't look at the question's and say I can't answer them, if you read the book, you could.

The fact the question's are a load of horse hockey is known far and wide, don't let it faze you.

As for you Johnson, peoples fears are their own concern, generally people here try to help, go back to bed then no one has to ignore you.

Good Luck

Moss Finn

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Having lived in Bonking Bangers for a few years now and been through the mills of the annual lottery with regards visas and work permits and learning the Thai language and jumping through the many 'you don't understand our culture' hoops that the Thai's tend to hide behind, well I really do welcome this sort of tit for tat what's good for the goose is good for the gander requirements on people going the other way to Blighty.

It's only fair, it's only right and it's the proper thing to do! Come on, how many of you complain that there are too many immigrants back in the UK who impose their foreign ways on you, and then with the same breath complain about having similar rules imposed on your Thai partner or indeed yourself when over here in Thailand?

Ok, so they may be targeting the soft targets with this latest requirement and the questions are indeed a load of old tosh, and yes they are really avoiding the real problem associated with immigration but Thailand is no different in this matter as well, so mai bpen arai.

I went home and sat down with the wife last night and discussed all of this with her and we both came to the conclusion that the motivation for her as a 'foreigner' to do this sort of test back in the UK is far greater than it would be for say me to do the equivalent kind of test in Thailand. Why? Well let's face it, the end game provides far greater rewards for her than it does for me here.

In Thailand I continue to get diddly swot and no amount of historical work permits, PR status, Thai language skills and understanding of Thai culture is going to change that. As such the motivation for me isn't quite the same as it is for my wife.

For her, doing this test would help her get full PR status in the Uk, which comes with the right to work and then after a few more years she could get citizenship (if she wanted it) and along with it a British passport which would then ultimately give her the same rights that I have to go almost anywhere in the world without the need for a visa.

So bottom line. My wife has no problem doing any of this extra stuff because she can see what the end game is and knows that it provides her with far greater rewards for the little extra effort that she has to put in.

Edited by Casanundra
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Thanks to Mossfinn for taking Jonson83 to task over his ignorant post . Saved me the trouble !!

Moss, i think you'll find that its no longer 3 chapters but , i believe , 5 now that have to be studied . However they are all being re-written so that the actual amount of (useless) info the applicant has to learn (only to immediately forget again after passing this pointless test) is roughly the same , just spread over more chapters.

All the above is secondary to my real concern over all this which is that whilst millions of eastern europeans will stream into the UK with total impunity, a few thousand wife's/husbands/ civil partners are to be singled out and made to PAY to take a test that proves nothing about their genuiness and just adds to their stress levels. Just because they don't happen to come from Europe . How exactly will this make any differance to the country's immigration problem ? I should point out that "immigration problem" is other people's views and not mine. Personally i benefit slightly in my work from having more foreigners here , so overall i am in favour of them streaming in as it doesn't affect my life except for the better. I do appreciate that others are maybe more directly and adversely affected although as usual the bulk of the complaints come from the ignorant Daily Mail reading public who are not affected at all but just like to moan about everything and anything.

I also read that if applicants fail the tests there is NO limit on the number of times they can re-take it , and they may stay in the UK as long as their circumstances do not change. So what is the point !!!

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K.Wife enroled herself almost on the day she arrived over here and had no problem getting onto a course in a local school just round the corner but looks lke things are gonna get tighter......

Gordon Brown ( C of the EXc) has just announced some Tax raising plans ( including banging up Airline pass. TX ...another issue) to increase spending in schools worth on average an extra of approx £ 200 per pupil .........

might be a good idea if he diverted some of the dosh into educating ADULTS since these are the ones who gotta work.... to earn the money.... to pay the tax..... to educate the little .......:o

anyway...latest news on.....

ESOL Courses

Migrants missing out on free English lesson....06.12.06

Ewa Szczerbik, from Poland, had to queue for five hours to sign up for English lessons

Thousands of immigrants are waiting to get on to basic English courses as colleges cut places amid a financial squeeze.

Plumbers, nurses, nannies and other recent arrivals from eastern Europe and elsewhere are facing waits of months or even years because there is not enough space on evening courses in London.

The problem comes after the Government announced that immigrants who want to stay in Britain will have to pass an English test.

About 150,000 people a year are expected to apply to take the exam.

But colleges are warning that the Government's decision to concentrate funding on job-related qualifications for 16- to 19-year-olds is hitting English for Speakers of Other Languages courses - at a time when demand is exploding.

The Standard surveyed 29 London colleges and obtained responses from 12.

Between them, they had 8,750 people waiting for places on the free courses.

Some colleges warned that those who failed to gain places in the autumn faced waiting until autumn

Nine said they had either cut places this year or expected to do so next year because of the Government's decision to make most learners pay for their courses.

The principal of the College of North West London, said she was forced to cut 750 places from ESOL and other adult education courses this year.

Her college has just under 1,000 people on its waiting list for English language lessons.

She said: "Those at the top of the list may wait just a few weeks but those at the bottom may wait all year and never get a place.

"These people may therefore be prevented from accessing other training and education programmes and/or the labour market and contributing to our economy.

The risk they will be socially excluded will be greater.

"The impact of the current year's cut has fallen most heavily on ESOL learners.

"Next year, the college fears there will be further cuts specifically to ESOL provision."

West Thames College has about 530 people on its waiting list. The head of strategic marketing, said it had been affected by the decision to focus on 16 to 18 provision.

The Government spent about £140 million on ESOL courses at London colleges in 2004-05.

But to make savings, funding for entry-level English language courses in particular is to be cut.

All students except those on benefits will now have to pay for their ESOL courses, which have been free for the past four years because they were considered essential "skills-for-life" qualifications :D

(with thanks London..evening standard )

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whilst millions of eastern europeans will stream into the UK with total impunity, a few thousand wife's/husbands/ civil partners are to be singled out and made to PAY to take a test that proves nothing about their genuiness and just adds to their stress levels. Just because they don't happen to come from Europe .
Firstly, the government have actually said that the only reason these new rules don't apply to immigrants from the EU is that EU regulations and treaties don't allow it. (Yet another reason, IMHO, for leaving the EU! But that's a different argument.)

Secondly, it is not a "few thousand wife's/husbands/ civil partners." There has been a steady upward trend in settlement visas issued worldwide, in 2005/6 there were a total of 77,845! (source).

Thirdly, this is not about an immigrant's genuiness (sic). It's about helping to ensure that new residents can settle into their new life and find their place within UK society.

Every year a significant portion of those coming to the UK to settle come from South Asia, 27,182 (34.9%) in 2005/6. Living in an area with a large South Asian community, having friends in that community and talking to members of that community, I know that the majority of those coming from this region are women arriving on arranged marriages. They have very little, if any, English and virtually no knowledge of life and culture in the UK. They are trapped in their ghettos, not by the attitude of the indigenous population but by the attitude of their own community! They cannot get work (community attitude = "why does she want to work? Her job is to stay at home and look after her husband and children!") and have trouble even shopping, except in local Asian shops. the community attitude is "Why does she need to learn English, when she's only going to stay at home and look after her husband and children?" They have no independence at all.

Making a knowledge of English compulsory in order to gain ILR will, IMHO, improve the lot of these women immeasurably.

Surely everyone here wants their partner to have a reasonable English ability, spoken and written? Surely nobody here wants to stop their partner from being able to communicate properly, find work, improve their lives? So, surely everyone's partner would be learning English anyway! Unless they can speak and read it already, of course.

The 'Life in the UK' test isn't hard, if one has done a bit of studying. Yes, some of the questions are rather irrelevant, but hopefully the revision in January will correct that. Even if it doesn't, I learnt a lot of calculus, algebra, geometry in order to get my Maths 'O' level. Have I used any of it since? No; but not having a maths 'O' level would have barred me from a whole range of career choices! Same, same with this test, IMHO.

My only gripe is the timing. Making it compulsory for all ILR applications from April means those whose applications are due then do not have much time to prepare. Better and fairer to make it compulsory for new entrants, who would have at least 2 years to prepare, not those already here.

I also read that if applicants fail the tests there is NO limit on the number of times they can re-take it , and they may stay in the UK as long as their circumstances do not change. So what is the point !!!
If their current leave has expired, then they will need to keep applying for FLR until they have passed the test and can apply for ILR. At a minimum of (currently) £335 a time, that's a big incentive. Will FLR applications start to be rejected if one keeps failing, or not taking, the test? I wouldn't be surprised if they were. Edited by GU22
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GU22

1) yes i agree that is the reason the govt states... it wants to make the eastern europeans do this test as well , but can't . That must get right up their noses !!

2) is 77000 not a few thousand ? guess it depends on your perspective. (its 0.14% of our population ...pretty trivial really)

3)I'm sure they can settle into our culture without having to take the test (and have to pay for it too). I doubt you wil be surprised to know that my partner has managed to settle in very well since being here , without taking this magical test.

4) A favourite hot chestnut of yours ... the women forced to endure unbelievable horrors in the

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Every year a significant portion of those coming to the UK to settle come from South Asia, 27,182 (34.9%) in 2005/6. Living in an area with a large South Asian community, having friends in that community and talking to members of that community, I know that the majority of those coming from this region are women arriving on arranged marriages. They have very little, if any, English and virtually no knowledge of life and culture in the UK. They are trapped in their ghettos, not by the attitude of the indigenous population but by the attitude of their own community! They cannot get work (community attitude = "why does she want to work? Her job is to stay at home and look after her husband and children!") and have trouble even shopping, except in local Asian shops. the community attitude is "Why does she need to learn English, when she's only going to stay at home and look after her husband and children?" They have no independence at all.

Making a knowledge of English compulsory in order to gain ILR will, IMHO, improve the lot of these women immeasurably.

Very true and well explained but those husbands who trap their wives in the getthos will still not allow them to be educated because it doesn't suit them, they will find ways to ensure that their wives remain downtrodden. Quite simply how do know who turns up to take the test when they arrive dressed from top to toe in black cloth with one eye looking out and nobody in this human rights obsessed country will dare ask them to remove their veil.

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....sorry hit the send button in error ... to continue...

...the women forced to endure unbelievable horrors in the UK after getting their visa and arriving here. Personally i've never met or seen any and don't know anyone who has, but i guess you hang out in different areas where this is prevalent ??

Even if this mass abuse is taking place (is it ?) then how will taking this test help these poor unfortunates? They will still live in the same areas with the same people as they do now, they will have just taken and passed a test thats all. Hows that helping them ? I don't see it at all. So they go from speaking little English to speaking a little more , thats not going to get them made up to the local Bank Manager is it ? Nope...i don't think you're right in your conclusions.

5) I never said the test was hard if you study the book...just pointless. You say we all had to learn obscure maths at school that we never used ...quite true ...i certainly did as well, but are you using one example of a waste of time to justify another?

6)Oddly enough i don't have a gripe with the timing. After all , if the test is not difficult as we both agree, then the 4 months everyone has as a absolute minimun before it starts is plenty long enough.

7) I suppose for a few the fee for re-applying may be a consideration. It will only apply to a very few who will be the first to be affected by the new changes. Everyone else will have even more time so it shouldn't be an issue for most.

The govt site specifically says that you can take and fail as many times as you like and you will still be allowed to stay as long as your other circumstances haven't changed. So you are wrong i'm afraid in your last assertion that you believe that those who fail will not have their FLR renewed. They will be renewed until and if they pass.

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Thanks to Mossfinn for taking Jonson83 to task over his ignorant post . Saved me the trouble !!

Yeah, Jonson probably works for the Home Office and is on here with his "Governments Hat" on :o

For info, i'm not moaning about the test per se, i am moaning about the way in which they introduce it. When my mrs came over last year, this wasn't known to us. We where just going to wait until she got ILR and after that period, her reading and writing skills would have naturally improved. The next step was to go through the course.

This has all canged now and there are no spaces on the courses. Of course i will try to teach and help her but i'm no qualified teacher, so i could be doing her an injustice.

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'As for you Johnson, peoples fears are their own concern, generally people here try to help, go back to bed then no one has to ignore you.'

People DID complain about these new tests.Just take a look at the first page of posts.Its hypocritical ,as the guy two posts above already said.

I mean.Dam right Ivan from the east and Theo from somalialand should take these tests(or be refused entry all together).... but my pooying thai! oh god no,Its not fair!

If you actually read my post you would see that i was trying to make light of the situation and reassure them that they have nothing to worry about(easier said then done i know..).You yourself agreed with me that the test was a cakewalk.Then you basically said the same as i did!!.Internet,books,your own knowledge/proper revision etc etc It would be dam near impossible to fail.

They should thank their lucky stars that they are doing this now and not in several years time when the next goverment will almost certainly be throwing up its anti-immigration walls.

Im not trolling or anything.Infact i know a couple of people who are in this situation(two nigerian teachers before u ask).Ive basically said the same thing to them.This is Britain! Nothing to worry about!

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i'm not moaning about the test per se,

This has all canged now and there are no spaces on the courses. Of course i will try to teach and help her but i'm no qualified teacher, so i could be doing her an injustice.

Mr Boj, I think you might have mis-interpreted my post, I was trying to say that you were not actually moaning, just pi**ed off about the timing.

As for helping your other half along, it is really just going thru the questions, reading and explaining back and a case of getting the memory in working order.

Trust me, you'll be fine.

Good Luck

Moss

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Fair enough mrbojangles,the timing is sh't for some people.Its something they certainly should have thought through properly.But we are Ruled by labour after all.They rarely think about anything...

Anyway,Im sorry for making light of your situation but really only applicants with very poor english should struggle with these tests.Theres no reason anyone else should.Chok dee.

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People DID complain about these new tests.Just take a look at the first page of posts.

If you look again, I still feel people are being critical of the timing not the actual test regime, unless you mean 'our gentleman troll-buster', who only says things to get a rise out of people,including me.

I didn't say it was a cakewalk, I said "If you do the hard yards and study the book, its a walk in the park".

If you just take the test without any study, it is so full of potless questions, I would suggest a great deal of the Brit's would fail it, except those with quiz-like trivia trains of thought.

Anyway, I had had a few sherbets when I posted, and I always feel this forum is here to help, not p*iss on peoples fears and anxiety,

I retract nothing.

Good Luck

Moss

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Mr Boj, I think you might have mis-interpreted my post, I was trying to say that you were not actually moaning, just pi**ed off about the timing.

Sorry Moss, i wasn't aiming that at you. I was just clarifying to all, that i wasn't moaning about the actual test. :D

I personally think, in principle it's the right thing to do. Although i would have preffered a "watered down" version for ILR, maybe focussing on basic UK law i.e. legal drinking ages, sex :o driving legally with insurance etc. With a bit of language skills thrown in. Then to do a full-blown test to get Citizenship.

Mind you, if i do become a Paddy, it won't really matter to us :D:D

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Well, GU22 atlastaname,

If you read between the lines, you maybe in trouble of agreeing with each other and dragging me along in agreement as well, heaven forbid :D

Although GU22, making people do the test from a cultural back ground that is inherant in the female being subserviant, in my opinion wont help, it is the attitude and forms, mores, culture and way of life that must change.

And then I find myself wondering why should we be trying to impose our cultural bias and freedoms on a people who may well think that our cultural norms is an alien life form.

This cannot be explained away, bt the fact that we believe it to be wrong, however I also believe that if you make a commitment to reside for any length of time in a country that is not your own then you should comply, within reason, with that particular culture you have chosen to remain.

I totally agree with your statement of the dangers of a slide into ghettoes of singular ethnic groups with no intergration or cross-nationality diversity and the possible unrest that will undoubtably cause.

I was about to go into this in-depth on another thread ( the troll-busting gentleman one) when I took a step back and realized it probably would not be the right time, this is the abridged version.

Obviously not enough sherbets at the time :D

Good Luck

Moss

At present I am embroiled in a cultural abnormality between a Thai and English couple, with the main person getting the back-lash is the daughter, so it happens in all walks of life and cultures :o

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Mind you, if i do become a Paddy, it won't really matter to us :D:D

To be honest, I didn't think you did but I was just making sure :D

I did notice your reference to this, but you will be in danger of your mate :D calling you plastic :D

I have always found the Irish Embassy much more approachable and easy to deal with, if a little chaotic, but that's what makes the Republic the greatest country on earth.

I do feel it is a long drawn out affair, going the EAA route that is, when it is my belief that you will help in passing the test become just a formality.

And if you do take the plunge, :o:D to the 40,000,000 million of us abroad from the Green Isle.

Good Luck

Moss

Edited by Mossfinn
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If ILR applicants are going to have to demonstrate a knowledge of the English language and British life, is this going to equally apply, I wonder, to the Home Office staff in Croydon? Phoning there is akin to contacting one of those contracted-out call centres in the sub-continent.

Scouse.

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  • 9 months later...
Mind you, if i do become a Paddy, it won't really matter to us :D:bah:

To be honest, I didn't think you did but I was just making sure :D

I did notice your reference to this, but you will be in danger of your mate :D calling you plastic ;)

I have always found the Irish Embassy much more approachable and easy to deal with, if a little chaotic, but that's what makes the Republic the greatest country on earth.

I do feel it is a long drawn out affair, going the EAA route that is, when it is my belief that you will help in passing the test become just a formality.

And if you do take the plunge, :o:D to the 40,000,000 million of us abroad from the Green Isle.

Good Luck

Moss

Just a quick update.

I took the plunge and became O'BoJangles a couple of months ago. Got my passport back within 2 weeks.

My Mrs SV visa runs out on 21 Sept 2007. So we went to thailand for a holiday and returned sunday. We posted the EEA2 form off on tuesday with the help of The Scouser and so now await the outcome.

Although the form was pretty straightforward, i thought we might trip up on the reasons why all of a sudden we want to change from a SV of a UK citizen to a resident permit of an EEA national. The Scousers covering letter explaining the reasons was a beauty :o

Stella's at the D&P soon i hope matey :bah:

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If ILR applicants are going to have to demonstrate a knowledge of the English language and British life, is this going to equally apply, I wonder, to the Home Office staff in Croydon? Phoning there is akin to contacting one of those contracted-out call centres in the sub-continent.

Scouse.

Talking of which. When we came through immigration on sunday, we got quizzed by a poor english speaking, Customs lady. Maybe they now have the Hologram versions of said contracted out sub-continent call centres :o

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Mind you, if i do become a Paddy, it won't really matter to us :D:bah:

To be honest, I didn't think you did but I was just making sure :D

I did notice your reference to this, but you will be in danger of your mate :D calling you plastic ;)

I have always found the Irish Embassy much more approachable and easy to deal with, if a little chaotic, but that's what makes the Republic the greatest country on earth.

I do feel it is a long drawn out affair, going the EAA route that is, when it is my belief that you will help in passing the test become just a formality.

And if you do take the plunge, :o:D to the 40,000,000 million of us abroad from the Green Isle.

Good Luck

Moss

Just a quick update.

I took the plunge and became O'BoJangles a couple of months ago. Got my passport back within 2 weeks.

My Mrs SV visa runs out on 21 Sept 2007. So we went to thailand for a holiday and returned sunday. We posted the EEA2 form off on tuesday with the help of The Scouser and so now await the outcome.

Although the form was pretty straightforward, i thought we might trip up on the reasons why all of a sudden we want to change from a SV of a UK citizen to a resident permit of an EEA national. The Scousers covering letter explaining the reasons was a beauty :o

Stella's at the D&P soon i hope matey :bah:

I had forgotten about this thread.

Well Done O'Jangles you are now a fully fledged member of the O'Donju and its many derivatives abroad.

I hope one day to catch up with you for that drink, I think we'll leave that friend of yours out of it :D I am sick of having a sore head.

Moss

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