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The wrong route?

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MoleSquirrel
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The wrong route?

Post by MoleSquirrel » Tue Dec 15, 2009 3:53 pm

Dear all,

I'm confused about my current visa status and would like some advice. Thank you in advance!

I arrived the UK on a student visa from 2004 to 08. Then I got married to my husband who holds an Irish passport but has been living and working in the UK for over 10 years (he didn't apply for permanent resident of the UK, but I think he exercised his treaty rights). Without knowing the EEA route, we applied for a two-year limited leave to remain as a spouse which is due to expire in Nov 2010.

Are you 'free of immigration time restrictions' as an EEA family permit holder? Since I have been in the UK for 5 years by now, can I apply for EEA family permit before my limited leave to remain expires, and then apply for naturalisation or permanent residence once I got the EEA permit?

Many thanks!

Wanderer
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Ireland

Re: The wrong route?

Post by Wanderer » Tue Dec 15, 2009 4:19 pm

MoleSquirrel wrote:Dear all,

I'm confused about my current visa status and would like some advice. Thank you in advance!

I arrived the UK on a student visa from 2004 to 08. Then I got married to my husband who holds an Irish passport but has been living and working in the UK for over 10 years (he didn't apply for permanent resident of the UK, but I think he exercised his treaty rights). Without knowing the EEA route, we applied for a two-year limited leave to remain as a spouse which is due to expire in Nov 2010.

Are you 'free of immigration time restrictions' as an EEA family permit holder? Since I have been in the UK for 5 years by now, can I apply for EEA family permit before my limited leave to remain expires, and then apply for naturalisation or permanent residence once I got the EEA permit?

Many thanks!
I think if u switch routes u start from scratch, so best to stay on UK route I feel, quicker but expensive. I think it will be ILR and BC at the same time for u, about £1500........

The think I'm not sure of is if ur husband needs to do the same before u can...

I'll leave it for others.
An chéad stad eile Stáisiún Uí Chonghaile....

ElenaW
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Post by ElenaW » Tue Dec 15, 2009 4:53 pm

Your time here as a student doesn't count towards settlement unless you're thinking long residence (10 yrs). You need to spend 5 yrs on the EEA permit before you can become a permanent resident.
I tell it like it is.

Ben
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Post by Ben » Tue Dec 15, 2009 4:55 pm

UK Immigration Rules aside and the fact that Irish nationals are deemed to hold ILR from the first day of arrival in the UK..

For the purpose of Directive 2004/38/EC and the UK EEA regs, your husband is an EEA national with the right of permanent residence in the UK.

You are the family member of an EEA national, who is described in Article 2(2) of the Directive.

Since you have lived lawfully in the UK for 5 years and you are the family member of an EEA national with the right of residence or permanent residence in the UK, you have acquired the right of permanent residence - if you have legally resided with the EEA national, in the UK, for the last 5 years.

In which case, you may apply, if you wish, for a Permanent Residence Card using form EEA4.
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Right of permanent residence, Article 16 wrote:1. Union citizens who have resided legally for a continuous period of five years in the host
Member State shall have the right of permanent residence there. This right shall not be subject to
the conditions provided for in Chapter III.
2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and
have legally resided with the Union citizen in the host Member State for a continuous period of
five years.
If you have lived with the EEA national for less than 5 years, you have not yet acquired the right of permanent residence. You do, however, hold the right of residence and can thus apply for a Residence Card using form EEA2.
boulevardofbrokendreams wrote:You need to spend 5 yrs on the EEA permit before you can become a permanent resident.
This is incorrect.
I am no longer posting publicly on this website - PM me if needed.

MoleSquirrel
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Post by MoleSquirrel » Tue Dec 15, 2009 10:32 pm

Many thanks everyone your help! Much appreciated!

ElenaW
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Location: Back and forth between California and Norwich :D

Post by ElenaW » Wed Dec 16, 2009 9:35 am

benifa wrote:UK Immigration Rules aside and the fact that Irish nationals are deemed to hold ILR from the first day of arrival in the UK..

For the purpose of Directive 2004/38/EC and the UK EEA regs, your husband is an EEA national with the right of permanent residence in the UK.

You are the family member of an EEA national, who is described in Article 2(2) of the Directive.

Since you have lived lawfully in the UK for 5 years and you are the family member of an EEA national with the right of residence or permanent residence in the UK, you have acquired the right of permanent residence - if you have legally resided with the EEA national, in the UK, for the last 5 years.

In which case, you may apply, if you wish, for a Permanent Residence Card using form EEA4.
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Right of permanent residence, Article 16 wrote:1. Union citizens who have resided legally for a continuous period of five years in the host
Member State shall have the right of permanent residence there. This right shall not be subject to
the conditions provided for in Chapter III.
2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and
have legally resided with the Union citizen in the host Member State for a continuous period of
five years.
If you have lived with the EEA national for less than 5 years, you have not yet acquired the right of permanent residence. You do, however, hold the right of residence and can thus apply for a Residence Card using form EEA2.
boulevardofbrokendreams wrote:You need to spend 5 yrs on the EEA permit before you can become a permanent resident.
This is incorrect.
My apologies Benifa. I've been told exactly what I just said somewhere on this forum. How long must one spend on an EEA family permit to qualify for permanent residence?

Just so I can understand, if the OP had lived with the EEA national for 5 yrs but on a temp visa, then applied for an EEA family permit, she would then qualify for permanent residence right away? Does this apply to UK citizens that excercised their treaty rights for lets say 6 months and then have come back?

I'm really daft when it comes to the EEA route.
I tell it like it is.

vinny
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Post by vinny » Wed Dec 16, 2009 9:40 am

MoleSquirrel, when did you start living with your husband?
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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ElenaW
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Post by ElenaW » Wed Dec 16, 2009 9:43 am

...mods can you delete this, I posted this in the wrong place.

Ben
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Post by Ben » Wed Dec 16, 2009 9:52 am

Hi Elena.
boulevardofbrokendreams wrote:How long must one spend on an EEA family permit to qualify for permanent residence?
You may mean the EEA Residence Card, as opposed to the EEA Family Permit? Either way, time spent on either is irrelevant. Time spent residing in accordance with the provisions of the Directive is what counts.
boulevardofbrokendreams wrote:Just so I can understand, if the OP had lived with the EEA national for 5 yrs but on a temp visa, then applied for an EEA family permit, she would then qualify for permanent residence right away?
According to Article 16 of the Directive, family members to whom the Directive applies acquire permanent residence once they have resided lawfully with the EEA national in the host Member State for a continuous period of 5 years. It matters not what "visa", if any, the family member did or did not hold.
boulevardofbrokendreams wrote:Does this apply to UK citizens that excercised their treaty rights for lets say 6 months and then have come back?
Yes, if resident in accordance with the ECJ ruling in the case of Singh.
Last edited by Ben on Wed Dec 16, 2009 10:29 am, edited 1 time in total.
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86ti
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Post by 86ti » Wed Dec 16, 2009 10:10 am

benifa wrote:Time spent residing in accordance with the provisions of the Directive is what counts.
In particular, Article 17 regarding retirement, permanent incapacity to work and death of the EEA national. Typically not the things we want to think about but definately worth to know.

ElenaW
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Location: Back and forth between California and Norwich :D

Post by ElenaW » Wed Dec 16, 2009 10:27 am

Thanks Benifa, you're a genius and I thiink I get it now :D haha
I tell it like it is.

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