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ILR application - is my 5 year period complete?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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benbmxer
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Posts: 49
Joined: Wed Apr 15, 2009 1:51 pm
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ILR application - is my 5 year period complete?

Post by benbmxer » Sun Feb 22, 2015 11:17 pm

Hi guys,
I come back once more to this really helpful website to ask for your help and advice on my case.

I am a non-EEA National and I arrived to UK in Nov 2009 to join my wife (EEA citizen). I used a Family Permit (as a family member of an EEA citizen) which gave me the entry clearance to UK. This permit was valid until Apr 2010.
On 4th Oct 2010 I applied for a EEA2 Residence Card (RC) which I received on 2nd Feb 2011. This RC has been my legal document to stay in UK up until now and it is still valid until 2016.

I want now to apply for an ILR as I am on the edge (or probably already over) the 5 years requirement to apply for it and this is where your knowledge and advise would be of great help.

My doubt is:
If I consider only the period from when I received my EEA2 RC (Feb 2011), this means I am just on 4 years since I got it, so 1 year to go to ILR.
If I consider the day I applied for it (Oct 2010) then Oct this year would be the date to apply for the ILR.
If I consider the initial Family Permit I had to join my EEA wife then that means that since Nov 2014 I was already entitled to apply for the ILR.

Which of the 3 options above is the correct one to determine when I should apply for the ILR?

A few pieces of info:
My wife has been working and still works in UK since Oct 2008.
I have been working and still working in UK since Dec 2009.
We are happily married and living together in UK.

Thanks in advance for your help,
BEN

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Re: ILR application - is my 5 year period complete?

Post by Jambo » Mon Feb 23, 2015 7:11 am

Under EEA Regulations this is called Permanent Residence (PR) not ILR (which is under the UK immigration rules). You have obtained PR status automatically after 5 years (Nov 2014) if your wife has been working for 5 continuous years. See the FAQ for more details.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

benbmxer
Newbie
Posts: 49
Joined: Wed Apr 15, 2009 1:51 pm
Mood:
Bolivia

Re: ILR application - is my 5 year period complete?

Post by benbmxer » Mon Feb 23, 2015 12:54 pm

Hi Jambo,

Thanks for the answer.

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