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Absence Rule for ILR
Posted: Sat Nov 11, 2017 11:52 pm
by kristine015
I know someone who is looking to apply for ILR. she is on the EEA family 5 yr permit and came in as a dependent non EU. She is now 22 yrs of age and she was sent home (out of the UK) for 18 months continuously out of her will. I have few questions and would be very grateful for anyone who could answer and help.
My questions are as follow:
=Would she be entitled to apply for ILR?
=If she isn't entitled due to absences, what route could she take to apply for visa to remain in UK?
she is currently studying.
=if she isn't entitled for ILR could she apply for extension of EEA family and on what grounds as she is now 22 years old but still lives with her parents. (step dad is EU, mom is EU acquired through marriage) she is however adopted in country of origin but UK doesn't recognized it as certificate wasn't issued here.
if anyone could please help and answer would be much appreciated. Many thanks in advance
xxx
Re: Absence Rule for ILR
Posted: Sun Nov 12, 2017 3:15 pm
by CR001
She doesn't qualify for ILR (UK Immigratoin route) if she is in the UK on an EEA residence permit. She should apply for PR (EEA/EU route) after 5 years residence.
Re: Absence Rule for ILR
Posted: Sun Nov 12, 2017 3:41 pm
by secret.simon
kristine015 wrote: ↑Sat Nov 11, 2017 11:52 pm
she was sent home (out of the UK) for 18 months continuously out of her will.
If she has been outside the UK for 18 continuous months, that has reset her PR clock down to zero.
EU law does not look at the intent of the absence (was it forced or was it voluntary, etc). If she was absent from the UK for a continuous period of more than a year, her PR clock was reset to zero.
Now that she is over the age of 21, she will need to prove that she is still dependent on her EEA citizen sponsor in order to continue to have the right to reside in the UK.
kristine015 wrote: ↑Sat Nov 11, 2017 11:52 pm
she is however adopted in country of origin but UK doesn't recognized it as certificate wasn't issued here.
Was she legally adopted (court order, etc)? If so, that should be recognised in the UK.
To the mods; can this thread be moved to the EEA Route applications forum?
Re: Absence Rule for ILR
Posted: Sun Nov 12, 2017 3:46 pm
by Casa
secret.simon wrote: ↑Sun Nov 12, 2017 3:41 pm
kristine015 wrote: ↑Sat Nov 11, 2017 11:52 pm
she was sent home (out of the UK) for 18 months continuously out of her will.
If she has been outside the UK for 18 continuous months, that has reset her PR clock down to zero.
EU law does not look at the intent of the absence (was it forced or was it voluntary, etc). If she was absent from the UK for a continuous period of more than a year, her PR clock was reset to zero.
Now that she is over the age of 21, she will need to prove that she is still dependent on her EEA citizen sponsor in order to continue to have the right to reside in the UK.
kristine015 wrote: ↑Sat Nov 11, 2017 11:52 pm
she is however adopted in country of origin but UK doesn't recognized it as certificate wasn't issued here.
Was she legally adopted (court order, etc)? If so, that should be recognised in the UK.
To the mods; can this thread be moved to the EEA Route applications forum?
Moved.