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ILR application - is my 5 year period complete?

Posted: Sun Feb 22, 2015 11:17 pm
by benbmxer
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

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

Posted: Mon Feb 23, 2015 7:11 am
by Jambo
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.

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

Posted: Mon Feb 23, 2015 12:54 pm
by benbmxer
Hi Jambo,

Thanks for the answer.