Indefinite leave to remain and EEA family member stamp???

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 9:15 am

Icame to the UK 01/05/2003 Illegally and claimed the same day
some supported from home office then refuse after that living with
friends and informed home office often i changed address and also i
had fresh clime in first march 2007 and i wrote to home office about my
situation and also Immigration Advisor wrote to them but no any
responds from any letter except letter confirm change addresses
please if you don`t mind to making enquiries with the home office about
my case . And I also married last year 2010 in April. My wife is from Czech republic and after marriage I applied for EEA Family member residence stamp and I had received in November 2010 this document Family member EEA for 5 years. I would like to ask you, that I can get my document (from asylum seeker - indefinitive leave to remain) or I must wait 5 years? I think, that is 2 different type of applications. Thanks for answer!

Post by **John** » Sun Mar 13, 2011 9:32 am

Your 5-year period started on you switching to the EEA route. You started to exercise Treaty Rights on your marriage to your Czech wife, in April 2010.

The Residence Card issued in November 2010 was merely confirmatory of the rights you had possessed since last April.

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 9:36 am

John wrote:Your 5-year period started on you switching to the EEA route. You started to exercise Treaty Rights on your marriage to your Czech wife, in April 2010.

The Residence Card issued in November 2010 was merely confirmatory of the rights you had possessed since last April.

Sorry, but I do not understand you well. means that they can not get Indefinite Leave to Remain this year? I have to wait five years, even though I'm in England since 2003?

Post by **John** » Sun Mar 13, 2011 9:48 am

You switched routes, your clock re-started on the date of your marriage.

And technically you will never get ILR. Instead you are in line to get PR ... Permanent Residence ... on the EEA route.

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 9:56 am

John wrote:You switched routes, your clock re-started on the date of your marriage.

And technically you will never get ILR. Instead you are in line to get PR ... Permanent Residence ... on the EEA route.

Post by **John** » Sun Mar 13, 2011 10:47 am

Iam right?

No, for reasons as already stated.

They must me send me back to Iraq (and they can not because Iam merried for EEA girl)

Well of course they cannot send you anywhere, because you have Treaty Rights to live and work in the UK. Indeed by issuing the Residence Card UKBA acknowledge you have Treaty Rights.

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 11:49 am

John wrote:
Iam right?
No, for reasons as already stated.

They must me send me back to Iraq (and they can not because Iam merried for EEA girl)
Well of course they cannot send you anywhere, because you have Treaty Rights to live and work in the UK. Indeed by issuing the Residence Card UKBA acknowledge you have Treaty Rights.

And you are working for Home Office? And what will happends, when my wife will make divorce?

Post by **John** » Sun Mar 13, 2011 12:12 pm

No I don't work for the Home Office. You came to this board to ask for honest advice, and you got it.

And what will happends, when my wife will make divorce?

Not sure I understand. Is there a danger that your wife will divorce you? After less than one year of marriage? Are the two of you still living together?

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 12:23 pm

John wrote:No I don't work for the Home Office. You came to this board to ask for honest advice, and you got it.

And what will happends, when my wife will make divorce?
Not sure I understand. Is there a danger that your wife will divorce you? After less than one year of marriage? Are the two of you still living together?

Sorry, but you did not answer my question. My wife is very hard to bear, I could not travel, and even our son. She has in the Czech Republic her father, who is old and sick. Went through surgery and she can not come to him.

Post by **John** » Sun Mar 13, 2011 12:31 pm

It would depend upon whether the marriage lasts three years or not. But you mention a child. A child of the marriage?

I don't think you will automatically revert back to the UK immigration route. Of course at the moment, because of Treaty Rights, you have the right to work in the UK. No doubt you don't want to do anything to put that right in jeopardy.

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 12:50 pm

John wrote:It would depend upon whether the marriage lasts three years or not. But you mention a child. A child of the marriage?

I don't think you will automatically revert back to the UK immigration route. Of course at the moment, because of Treaty Rights, you have the right to work in the UK. No doubt you don't want to do anything to put that right in jeopardy.

Yes, it is a child of the marriage, my son. There any possibility to get Indefinite? My friends who were in similar situations match documents Family member stamp from the Home Office for Indefinite Leave to Remain. Not married for three years.So what happens when my wife will make divorce?

Post by **John** » Sun Mar 13, 2011 5:57 pm

As regards retention of Treaty Rights following a divorce, please click here to download the EU Directive.

Having done that read Article 13 in particular, where you will see details of the possibilities of retaining Treaty Rights, following a divorce. As the marriage is less than 3 years old, I think it comes down to whether you will have custody of access to your child.

There any possibility to get Indefinite? My friends who were in similar situations match documents Family member stamp from the Home Office for Indefinite Leave to Remain.

These friends, they are married to an EEA Citizen? Or alternatively married to a British Citizen?

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 9:09 pm

John wrote:As regards retention of Treaty Rights following a divorce, please click here to download the EU Directive.

Having done that read Article 13 in particular, where you will see details of the possibilities of retaining Treaty Rights, following a divorce. As the marriage is less than 3 years old, I think it comes down to whether you will have custody of access to your child.

There any possibility to get Indefinite? My friends who were in similar situations match documents Family member stamp from the Home Office for Indefinite Leave to Remain.
These friends, they are married to an EEA Citizen? Or alternatively married to a British Citizen?

My friend is married for EEA girl (from Litva) and he is Kurdish. And I found on internet this is: How can that be when the EEA permit is decided using EU law whilst the legacy cases are decided using UK immigration law? Iam in UK 8 years and wait another 5 years?

Post by **John** » Sun Mar 13, 2011 9:12 pm

You have my opinion, and I am not going to repeat it.

Other opinions very welcome.

lucik.princik · Post by **lucik.princik** » Sun Mar 13, 2011 9:22 pm

John wrote:You have my opinion, and I am not going to repeat it.

Other opinions very welcome.

Thank you very much for your advice and your opinion that it is so kind of you.

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Indefinite leave to remain and EEA family member stamp???

Indefinite leave to remain and EEA family member stamp???