I need some Visa advice!

Hi all,

I was wondering if I could get some advice on this topic regarding my girlfriends Visa in the UK, and best steps for her to remain here.

I'm British, but she's an Indian Citizen, and has a 5 year residency permit in the UK as a family member of an EU National. We met shortly after she moved here.

Her sponsor for this is her step dad, who's an EU National Portugeses Citizen, living in the UK.

Her 5 year residency permit in the UK expires on 23rd May 2019.

She would like to remain here as this is where we've now set up our lives and work and we have made commitments beyond this date.

We've decided to take it upon ourselves to sort a visa, so we're looking at get married and applying for her citizenship to naturalise into the UK.

Is there any advice anyone could give for going about this?

The one thing we're confused about is the transition from her current sponsor to myself through marraige, and wether she would need to apply for an Indefinite Leave to Remain based on her existing 5 years through her sponsor, or does she need another residence card through me for another five years before applying for Indefinite Leave to Remain?

Thanks anyone able to help who may have gone through or are going through a similar situation. I realise we have a short period of time to sort this so I'll be super grateful.

I'm British, but she's an Indian Citizen, and has a 5 year residency permit in the UK as a family member of an EU National. We met shortly after she moved here.

Her sponsor for this is her step dad, who's an EU National Portugeses Citizen, living in the UK.

Her 5 year residency permit in the UK expires on 23rd May 2019.

She should apply for PR or the new settled status scheme once she has 5 years residence.

We've decided to take it upon ourselves to sort a visa, so we're looking at get married and applying for her citizenship to naturalise into the UK.

She cannot apply for citizenship if she does not hold PR or settled status and meet all the other requirements for citizenship.

The one thing we're confused about is the transition from her current sponsor to myself through marraige, and wether she would need to apply for an Indefinite Leave to Remain based on her existing 5 years through her sponsor, or does she need another residence card through me for another five years before applying for Indefinite Leave to Remain?

She cannot apply for ILR based on your relationship. She could apply for PR or settled status based on her EU citizen father, if she meets the requirements, once she has 5 years residence.

If I recall, she can set the ball rolling now, before her current residency permit expires (I think you can start this process 3 months in advance of the expiry, is that correct?)

skyscraper101 wrote: ↑

Mon Mar 04, 2019 5:12 pm

If I recall, she can set the ball rolling now, before her current residency permit expires (I think you can start this process 3 months in advance of the expiry, is that correct?)

EEA family members require the full 5 years residence before they can apply for PR or settled status, if this is what you are referring to.

CR001 wrote: ↑

Mon Mar 04, 2019 5:18 pm

skyscraper101 wrote: ↑

Mon Mar 04, 2019 5:12 pm

If I recall, she can set the ball rolling now, before her current residency permit expires (I think you can start this process 3 months in advance of the expiry, is that correct?)

EEA family members require the full 5 years residence before they can apply for PR or settled status, if this is what you are referring to.

Out of interest, if you have to wait until the 5 years is complete and the permit expires before making an ILR application, how do you stay legally resident upon it's expiry? I always assumed you had to at least apply before you overstayed a visa?

[/quote]
She cannot apply for ILR based on your relationship. She could apply for PR or settled status based on her EU citizen father, if she meets the requirements, once she has 5 years residence.
[/quote]

Thanks so much for your reply. What if her step father/EU sponsor is no longer willing to help with the ILR application?

This is the situation we're in.

CR001 wrote: ↑

Mon Mar 04, 2019 4:16 pm

I'm British, but she's an Indian Citizen, and has a 5 year residency permit in the UK as a family member of an EU National. We met shortly after she moved here.

Her sponsor for this is her step dad, who's an EU National Portugeses Citizen, living in the UK.

Her 5 year residency permit in the UK expires on 23rd May 2019.

She should apply for PR or the new settled status scheme once she has 5 years residence.

We've decided to take it upon ourselves to sort a visa, so we're looking at get married and applying for her citizenship to naturalise into the UK.

She cannot apply for citizenship if she does not hold PR or settled status and meet all the other requirements for citizenship.

The one thing we're confused about is the transition from her current sponsor to myself through marraige, and wether she would need to apply for an Indefinite Leave to Remain based on her existing 5 years through her sponsor, or does she need another residence card through me for another five years before applying for Indefinite Leave to Remain?

She cannot apply for ILR based on your relationship. She could apply for PR or settled status based on her EU citizen father, if she meets the requirements, once she has 5 years residence.

Thanks so much for your reply. What if her step father/EU sponsor is no longer willing to help with the ILR application?

This is the situation we're in.

skyscraper101 wrote: ↑

Mon Mar 04, 2019 5:36 pm

CR001 wrote: ↑

Mon Mar 04, 2019 5:18 pm

skyscraper101 wrote: ↑

Mon Mar 04, 2019 5:12 pm

If I recall, she can set the ball rolling now, before her current residency permit expires (I think you can start this process 3 months in advance of the expiry, is that correct?)

EEA family members require the full 5 years residence before they can apply for PR or settled status, if this is what you are referring to.

Out of interest, if you have to wait until the 5 years is complete and the permit expires before making an ILR application, how do you stay legally resident upon it's expiry? I always assumed you had to at least apply before you overstayed a visa?

EEA Family members rights derive from the EU regulations providing they continue to meet the requirements, ie dependent on their EU sponsor.. A Residence Card is not mandatory either. A Residence Card is not a 'visa'.

CR001 wrote: ↑

Mon Mar 04, 2019 6:40 pm

EEA Family members rights derive from the EU regulations providing they continue to meet the requirements, ie dependent on their EU sponsor.. A Residence Card is not mandatory either. A Residence Card is not a 'visa'.

OK so I'm extrapolating from this that she, as an Indian Citizen, with a 5 year residency permit in the UK as a family member of an EU National will not become illegally resident upon this residency permit expiring?

So she will be fine to let the residency permit expire then apply for ILR based on having completed 5 years?

But what is her status upon its expiry? I presume she'll have make an application for further/indefinite leave to remain by a certain point and can't just stay here under no status?