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PR for spouse of EU national
Posted: Sun Jan 26, 2020 8:16 pm
by SJ3072018
My cousin is married to EU national and they are living in the UK for 8 years. HE holds Srilankan passport and his wife and children have French passport. Can he apply for ILR in the UK?
If so, in what catergory? and what sort of supporting documents he need?
He and his wife work part-time. Does he require to meet any financial requirements?
your response would be highly appreciated.
Re: ILR for spouse of EU national
Posted: Sun Jan 26, 2020 8:22 pm
by zimba
What is his current immigration status ?? What is his visa ? Is he here as a family member of an EEA citizen ?
Remember ILR is a settlement status generally granted to people under UK immigration rules and NOT the EEA rules
Re: ILR for spouse of EU national
Posted: Mon Jan 27, 2020 1:54 pm
by SJ3072018
Thanks Zimba.
Sorry for not being clear in my earlier post. Yes, he is here as a family member of an EU citizen (a French national). He is in this immigration category for 8 years in the UK and he wants to see if he can apply for permenant residency here.
Re: ILR for spouse of EU national
Posted: Mon Jan 27, 2020 4:11 pm
by zimba
ILR is not appropriate. He should apply for settlement under the EU settlement scheme:
https://www.gov.uk/settled-status-eu-citizens-families
Re: ILR for spouse of EU national
Posted: Mon Jan 27, 2020 8:30 pm
by Richard W
And he should then get a privileged sort of ILR, namely ILR under the EU settlement scheme.
Re: PR for spouse of EU national
Posted: Mon Jan 27, 2020 11:19 pm
by zimba
EU settlement scheme grants settlement status to EEA citizens/family members eligible and it is a meant to be a replacement for Permanent Residence status (PR). ILR is a form of settled status under UK immigration rules granted to non-EU citizens/family members
Re: PR for spouse of EU national
Posted: Tue Jan 28, 2020 10:30 pm
by Richard W
Zimba wrote: ↑Mon Jan 27, 2020 11:19 pm
EU settlement scheme grants settlement status to EEA citizens/family members eligible and it is a meant to be a replacement for Permanent Residence status (PR). ILR is a form of settled status under UK immigration rules granted to non-EU citizens/family members
The EU settlement scheme is part of the Immigration Rules - Appendix EU to be precise. As I have said, it is a privileged form - there is a process for certain ILR holders to upgraded to ILR under the EU Settlement Scheme.
The first rule and a bit read
EU1. This Part of this Appendix sets out the basis on which an EEA citizen and their family members, and the family members of a qualifying British citizen, will, if they apply under it, be granted indefinite leave to enter or remain or limited leave to enter or remain.
EU2. The applicant will be granted indefinite leave to enter (where the application is made outside the UK) or indefinite leave to remain (where the application is made within the UK) where: