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Can I submit ILR application along with partner's EEA3?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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SpaceDino1
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Can I submit ILR application along with partner's EEA3?

Post by SpaceDino1 » Wed Jun 18, 2014 4:48 pm

Hello Guys

I will be really grateful if you could guide me. I have been googling all day but with no major success :(

I am a non EEA national who is living in UK under FAMILY MEMBER OF AN EEA NATIONAL visa with my unmarried EEA partner. My partner has been living in UK exercising her EU rights since 2005 with no periods of absence in between. I guess she is now automatically eligible to apply for British PR(usually after 5 years) or citizenship?
My FAMILY MEMBER residence card was granted in 2011 and is valid until 2016. I have read that spouses/partners of UK nationals can apply for ILR after 2 years of stay.We have been living together for almost 3 years now. Do you think I can apply for ILR at the same time my partner applies for British PR or citizenship? Does the 2 years get counted after she gets the UK citizenship?

Or do I have no other option but to wait till 2016 under the 5 years rule?

Sorry to bombard you all with so many questions. Restless mind!

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CR001
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Re: Can I submit ILR application along with partner's EEA3?

Post by CR001 » Wed Jun 18, 2014 8:24 pm

You have to wait till 2016 under the 5 year rule. You cannot use a combination of UK immigration laws and EU Family laws. The 2 years you refer to is under the old pre 9th July 2012 UK Immigration rules.

Once you obtain PR in 2016, if your spouse is British then, you can apply immediately for citizenship.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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