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ILR case, please help

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Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 5:35 pm

ILR case, please help

Post by Morpheo » Sun Sep 25, 2005 5:40 pm

Hi Everybody,

First of all I would like to thank everybody for the wonderful help that you are offering.

My situation is as follows:

I came to the UK as a student under a British fund and after a year I was offered a job with the same university, I was given a work permit for 2 years, when expired, my work permit was extended for another year.

In the meantime, I was engaged to a German girl who was living and working in the UK and then we decided to get married in the UK.

When my work permit approached to expire, we decided to follow the procedure to submit the EEC1 form.

After a 6 week waiting, we received a resident permit for 5 years and since we have been married for almost 2 years.

My questions are:

Am I allowed to indefinitive leave to remain? This because I have been working and contributing to the system for over 4 years (3 years under work permit + almost 2 years as a spouse of a EU citizen)

My wife has been living and working in the UK for more than 4 years, if we applied for her for ILR, will I be able to claim the same right?


Any advice would be much appreciated

Thanks in advance

Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 5:35 pm

Post by Morpheo » Tue Sep 27, 2005 1:27 pm

Could somebody answer this please.

I have already submitted the EEC2 + my 4 P60s and my wife's 4 p60 + passport + her blue leaflet.

what do you think please?

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Sep 27, 2005 2:12 pm

Who is the principal applicant on the EEC2 and who is the listed dependent?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Sep 27, 2005 2:27 pm

what do you think please?
I think this is a very interesting question! And I am not totally confident the following is correct, so other opinions very welcome.

I refer you to Chapter 7 of EDIs. In particular to 2.1, part of which reads :-
The non-EEA family member must have been residing in the United Kingdom in a subsisting relationship with the EEA national for four years in order to qualify for permanent residence.
-: and if I read you correctly, you haven't yet done that.

However totally possible I have overlooked another factor, so as said above, other views very welcome.

So your German wife should get her ILR, but I am not sure about you, at this moment in time. How long have the two of you been married?
John

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Sep 27, 2005 2:35 pm

John,

I had put in a lengthy post which I removed stating:

1. Original poster will not get ILR if he is principal applicant on EEC 2 since he needs to have spent 4 years on the permit (formal term = residence document) from the EEC1 application.

2. He will get ILR if his German spouse is principal applicant and he is listed as a dependent i.e. she gets it then he does by default.

Hence my revised post.

Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 5:35 pm

Post by Morpheo » Tue Sep 27, 2005 6:24 pm

Thanks a lot for your answers

I have put myself as the principal applicant. and my wife as the dependent .

I did this following this "Third country nationals who are either the spouses or dependant family members of European Economic Area nationals may apply independently for indefinite leave if they have lived in the United Kingdom for 4 years. However, they will need to provide evidence that their European Economic Area family member has lived in the United Kingdom and been engaged in employment, self-employment, or been economically self-sufficient, during this qualifying period."

http://www.ind.homeoffice.gov.uk/ind/en ... onals.html?



should I call the HO and asked them to send me back my application and put my wife as principal.

we both have permanent jobs. but my income doubles hers.
also we have been married for 1.5 years but we were in a relation for 3.5 years

please advise.

thanks a lot

antontony
Junior Member
Posts: 94
Joined: Sat Jun 18, 2005 10:25 pm
Location: Wales, UK

Post by antontony » Fri Sep 30, 2005 3:22 pm

The immigration rules say that if you have a combination of the continuous valid immigration leaves in the UK you maybe granted ILR.

From the other hand, the case worker may not excercise a descetion and may refuse your application on the grounds that you switched your WP status into the family member one, so your immigration clock has restarted on the day you were issued with the faily permit.

Indeed, please tell us the outcome of your endavour.

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