Immigrationboards.com

hi
a friend of mine called ukba help line and they told him that if for some reason a non-eea spouse doesn't get the visa then after 5 years of marriage he can directly apply for ILR.
in his case he couldn't prove that his wife is practicing treaty rights because ukba believe the job is fake and marriage is also fake.

now they have a baby boy and married for 5 years but still waiting for court hearing because the application was rejected third time so can they file a new case for ILR instead of waiting for court hearing?

please guide with your information.

thanks in advance.

I don't see any provisions for a person under the EEA regulations to apply for ILR under the immigration rules after 5 years.

EEA citizens and their family members do not get ILR, they get PR. The rules and requirements for getting PR are different from those for getting ILR.

Is your friend married to an non-British EEA citizen or a British citizen?

If s/he is married to a British citizen, have they done the Surinder Singh route together?

If s/he is married to a British citizen and not done Surinder Singh, the EEA Regulations are not applicable to your friend.

Experience on these forums suggest that you can not rely on Home office phonelines.

It appears that many people take the view that ILR is synonymous with PR.

This may will be true in regards to the Schedule 2 of the regulation which confer on them settled status.

But both of them have different routes to acquisition.