ILR - is my mum eligible?????

Hi everyone,
I am a EU citizen and have ILR. I got my mum on a 5 yrs resident permit but she could not stay with me as my gran was sick and my mum had to look after her. She used to visit me every year for 3 months. Last year my gran died, so my mum is here with me in UK.

Her 5 yrs permit expired and we applied for ILR near 5 months back but till date no reply from UK Border.

So, can anyone tell me if she will get her ILR and if, incase it is rejected, should i make re-apply for 5 yrs resident permit or will she get it on the ILR application.

Thanks you all in advance.

luiza47 wrote:Hi everyone,
I am a EU citizen and have ILR. I got my mum on a 5 yrs resident permit but she could not stay with me as my gran was sick and my mum had to look after her. She used to visit me every year for 3 months. Last year my gran died, so my mum is here with me in UK.

Her 5 yrs permit expired and we applied for ILR near 5 months back but till date no reply from UK Border.

So, can anyone tell me if she will get her ILR and if, incase it is rejected, should i make re-apply for 5 yrs resident permit or will she get it on the ILR application.

Thanks you all in advance.

Confused. How did u get ILR? You sure it's not PR under EEA rules?

After completing 5 yrs, i got my ILR. I am a Portuguese citizen of Indian origin.

luiza47 wrote:After completing 5 yrs, i got my ILR. I am a Portuguese citizen of Indian origin.

Then you cant have got ILR, must be PR under EEA rules, what does the vignette in your passport say?

I have been in this country for nearly 13 yrs, work for DSS and the stamp on my passport is INDEFINITE LEAVE TO REMAIN IN UK.
My kids got British passport on the basis of ILR.

luiza47 wrote:I have been in this country for nearly 13 yrs, work for DSS and the stamp on my passport is INDEFINITE LEAVE TO REMAIN IN UK.
My kids got British passport on the basis of ILR.

OK, that confirms that then!

So whats this five year permit ur mum had? The only thing it could be is a EEA FP for a Family Member. (thinking as I go along here...)

So u as a dual national must have got he here on said FP as a Portuguese citizen in which case she will already have automatically acquired PR under EU rules, but I'm not sure how absences are treated under EU rules so wait for others on that. Edit - just done a quick Google, absences don't matter.

Assuming the absences are OK then ILR is not required or applicable. After one more year on this permit she can apply for British Citizenship depending on whether the qualifying period is maintained, ie the absences will matter here, means waiting longer.