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EEA4 Application, Permanent Residence VS ILR (for NON EU ap)

Family member & Ancestry immigration; don't post other immigration categories, please!
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QuickRaka81
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Joined: Sat Jun 07, 2008 7:57 am

EEA4 Application, Permanent Residence VS ILR (for NON EU ap)

Post by QuickRaka81 » Sat Jun 07, 2008 8:45 am

Hi, New to this Forum, few questions, if someone could answer that would be great!

This is concerning PR after five years of marriage to an EU citizen.

1.) Any difference between Permanent Residence and ILR? If not, why does the PR stamp have an expiry date of 10yrs?

Say you get the PR, but do not want a British Passport what happens when you want to transfer the PR - do you loose it after 10 yrs? Bearing in mind you will be in the UK all that time.

Also, if you got the PR on the basis of 5 years marriage/civil partnership to an EU citizen (like me) what happens if you get divorced after obtaining the PR - can you still obtain a British Passport on your own stay?

2.) My Partner has been living in the UK for 5 years, we've been in a civil partnership for two years, (I'm on a five year resident visa) - all is well, BUT he wants to study now - will that be a problem for me when I want to apply for my Permanent Residence in three years? That is excercising treaty rights but I'm getting conflicting information:

http://www.fastukpermit.com/permanent-residence/
EEA national (excluding students) and family members 5 years

Is this right? Or is this only for the EEA family member? The last question is the one that concerns me the most.

Thanks so much!

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: EEA4 Application, Permanent Residence VS ILR (for NON EU

Post by thsths » Sat Jun 07, 2008 10:16 am

QuickRaka81 wrote:Say you get the PR, but do not want a British Passport what happens when you want to transfer the PR - do you loose it after 10 yrs? Bearing in mind you will be in the UK all that time.
It just expires like a passport, but you should have no trouble applying for a new one, as long as you have not been absent from the UK for significant amounts of time.
Also, if you got the PR on the basis of 5 years marriage/civil partnership to an EU citizen (like me) what happens if you get divorced after obtaining the PR - can you still obtain a British Passport on your own stay?
Are you in a registered same sex partnership? This would be considered equal to marriage in the UK, I believe. So you are a family member, and you are protected in case of a "divorce" if the partnership has lasted for at least 3 years.
BUT he wants to study now
Studying is a treaty right, so you should be fine, as long as your finances work out.
That does not look very accurate. Check the UKBA http://www.bia.homeoffice.gov.uk/euciti ... ropeanlaw/ . While this text is not fully comprehensive, it is accurate as far as I can tell.

Tom

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