ILR Application

Spoken with the UKBA today and it seems like a package has been returned to our solicitor today, which we are assuming is the full package of documents as the application was not the correct way to go. We have an appointment with our solicitor on Friday so hopefully the package will have been received by then so that we can review the options.

The suggestion from the UKBA was that it might be better for my wife to return to the Philippines and apply from there, stating that the waiting time is around 8 weeks, which with a 16 month old daughter would be gut wrenching, but at the same time if that got it sorted then it is something that we could cope (badly) with.

She is a skilled worker (doctor) and has a full time job in the NHS and her consultant has said that they will provide any evidence that we require to help.

Will wait and see what the solicitor says on Friday, but I really appreciate all the advice that you guys have given since I posted the original query.

Many thanks

Yes your wife is entitled to make an application in country.

I feel sympathetic for you plight. That you keep getting wrong from all the people you have contacted, other than this forum of course.

You wife has a British Child. Therefore exception 1 is engaged, as there is a British Child.

There is no need for her to make an application from outside the country.

Therefore even in the worst case scenario she does not qualify from PR, under the EEA regulations, which i am sure she qualifies under, i believe on the basis of the British Child, she will be entitled to an In country application.

You are correct Obie, this board is the only place that is giving us the correct information, we have been looking at potentially apply for FLR(FP), which would allow us to apply as my wife (partner) and parent of child (or daughter), there is a premium service in Belfast that we could avail of, which would hopefully get the application sorted in one day and remove the stress that my wife and I are currently experiencing.

Not sure you can use Premium Service.

But it is usually dealt with in weeks.

I did one for a person in September, and it was approved yesterday. That must be a better option than going to the Philippines.

Why has your wife been unable to use the EEA Regulations?

She has a good prospect in succeeding on that one, and she will be entitled to work whiles it is considered.

You can even do both applications, as the EEA one will confer the right to work, whiles it is under processing.

The suggestion from the person that she spoke to today regarding the EEA route was that she could not apply for that any longer as she is now married to a british national and it is now a matter of immigration.

If we go down the FLR(FP) route would that restrict her from working whilst under consideration?

Linor2007 wrote:Originally we were going to apply for permanent residence however, my wifes previous partner would not allow her to have his passport to make the application.

Go ahead with your original idea.

If she retained her rights of residence after her divorce, then her marriage to you is not relevant to her EEA4 application under the EEA regulations.

Linor2007 wrote:The suggestion from the person that she spoke to today regarding the EEA route was that she could not apply for that any longer as she is now married to a british national and it is now a matter of immigration.

If we go down the FLR(FP) route would that restrict her from working whilst under consideration?

Those people on the phone are customer service assistance. You are best advised to ignore anything they tell you. At the very list take it with a pinch of salt.

Am I right in assuming that as my wife was granted the residence card (in form of a stamp in her passport) that she has retained the right of residence, the marriage lasted for longer than three years, they resided in the UK for more than 1 year, she is employed in the Uk and therefore self sufficient?

is that a fair assumption?

Working and self-sufficient are separate categories.

Additionally, in her case, all sections of 10(5), including 10(5)(a) and 10(5)(b), relating to her ex.

Linor2007 wrote:Am I right in assuming that as my wife was granted the residence card (in form of a stamp in her passport) that she has retained the right of residence, the marriage lasted for longer than three years, they resided in the UK for more than 1 year, she is employed in the Uk and therefore self sufficient?

is that a fair assumption?

Requirement of 10(6) will be met as required by 10(5)(c), if she can show self sufficiency or employment.

However the substantive requirement in 10(5) (A) and (B) as cited by Vinny, will need to be met aswell.

10(5) a and b are both met, she stopped being a family member and she was residing in the UK at the time of the termination and the decree absolute was granted in Northern Ireland and she can show employment.

None of you guys based in Northern Ireland - you have been a greater help in two days than our solicitor has been in 6 months, on that, do we have any recourse against the solicitor for their incorrect advice?

Unfortunately i don't live in Northern Ireland. Use to live in the South Several years back.

I think my concern is 10(5)(b).

Was the spouse in the UK working at the time of the divorce.

If not, she will have difficulty demonstrating that she was living in the UK in accordance with the regulation on termination of the marriage.

The Law Society in N. Ireland may be able to help.

In England and Wales we have the SRA.http://www.lawsoc-ni.org/publications/regulations-/

The spouse in the UK was self employed at the time of the divorce and we have evidence that we can provide as part of the application.

Then there is a decent prospect of success under the regulations, if her case is presented properly.

No need for her to go back home. She will be permitted to work during the process.

If the case is presented properly.... would you suggest us continuing to use a solicitor to ensure that the case is presented properly?

Is there any issue with the fact that her residence permit ran out in June 2014 (although we had applied in April 2014).

Linor2007 wrote:Is there any issue with the fact that her residence permit ran out in June 2014 (although we had applied in April 2014).

As EEA residence documents are not compulsory requirements, I don't see how their dates of expiry matter. She may have attained PR automatically already, if she met all the requirements. Applying for EEA4 is just getting confirmation to show paranoid employers, Immigration Officers, landlords, hospitals, GPs and banks, etc. It's also required for naturalisation.

I concur. The court has ruled in several cases notably MRAX and Royers, that resident permit don't confer rights.

That rights exists independently of a Residence permit.

Moreover, applying for naturalisation after her 5-year residence, given that you are British, probably has better prospects of success than a SET(M) application.

Hi Obie and Vinny. Just want to thank you for being helpful to my husband and for answering his queries. HO granted my application for PR and they are pretty quick in processing it, about 3 months. We're planning now to apply for my naturalisation