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Polish partner, ILR granted before Poland joined EU

Posted: Tue Jan 17, 2017 10:45 am
by Delbertino
Hi,
my partner has lived in the UK for 22 years. She has a son who is a British citizen (7yrs old). Is working, pays CT etc.

She has ILR from a date prior to Poland joining the EU which therefore seems to come under UK law rather than EU law.
So it seems at first glance that she is safe whatever happens with Brexit.

But does Poland subsequently joining the EU affect the status of her ILR and is there still possibility of Brexit affecting her?

I think it comes down to the difference between ILR and Permanent Residence. EU citizens seem to get PR, whereas other nationalities get ILR under UK law.

Any thoughts greatly welcomed.

Re: Polish partner, ILR granted before Poland joined EU

Posted: Tue Jan 17, 2017 10:54 am
by noajthan
As long as partner has not subsequently lost her ILR due to a prolonged absence from UK then it should remain in force.
Partner may even naturalise at her leisure if so inclined.

Re: Polish partner, ILR granted before Poland joined EU

Posted: Tue Jan 17, 2017 11:05 am
by Delbertino
noajthan wrote:As long as partner has not subsequently lost her ILR due to a prolonged absence from UK then it should remain in force.
Partner may even naturalise at her leisure if so inclined.
Thanks for that. This is exactly the issue. She is worried Brexit will still apply to her and thinks she needs to hurry now to get BC.

Re: Polish partner, ILR granted before Poland joined EU

Posted: Tue Jan 17, 2017 11:24 am
by alterhase58
Although your partner may want to consider going for BC now taking advantage of generally fairly short processing times currently.

Re: Polish partner, ILR granted before Poland joined EU

Posted: Tue Jan 17, 2017 12:12 pm
by Delbertino
Short processing times now? I thought they might be overburdened but maybe that's going to be all the PR/ILR staff :)