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ILR application - When is the 5 year period completed?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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benbmxer
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ILR application - When is the 5 year period completed?

Post by benbmxer » Sun Feb 22, 2015 7:07 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

vinny
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Re: ILR application - When is the 5 year period completed?

Post by vinny » Sun Feb 22, 2015 11:42 pm

Nov 2014. You may apply for confirmation of PR on EEA4.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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benbmxer
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Re: ILR application - When is the 5 year period completed?

Post by benbmxer » Mon Feb 23, 2015 1:11 pm

Hi Vinny,

Thank you for your answer.
I guess I can apply straight away and there is no need for me to wait until my actual EEA2 residence card expires, is that correct?

Just asking because I read here someone mentioned that it is not possible to apply until 28 days before the expiry date of your current residence card.
Thank you!

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CR001
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Re: ILR application - When is the 5 year period completed?

Post by CR001 » Mon Feb 23, 2015 1:55 pm

not possible to apply until 28 days before the expiry date
This is under the UK Immigration rules, which is for ILR. You apply for PR (permanent residence).

You fall under the EEA/EU immigration rules.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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