Immigrationboards.com

Hello ,

I have been in the UK for 5 years ( 4 years EEA familly member resident card and 1 year student Visa) Am I eligibale to apply for ILR or I still have to wait 1 more year to apply?

You won't be eligible for ILR. But you may apply for a PR card after completing 5 years under the EEA regulations.

jaja2011 wrote:Hello ,

I have been in the UK for 5 years ( 4 years EEA familly member resident card and 1 year student Visa) Am I eligibale to apply for ILR or I still have to wait 1 more year to apply?

Yes, you confuse ILR and PR.

I understand you are a nonEEA citizen. In order to get Permanent residence card for you, your EEA spouse has to exercise Treaty Rights for continuous 5 years of living in the UK. In order to do so, first and foremost your spouse has to be your spouse. So, the question is when did you get married? If you, being a spouse of EEA, came to the UK on Student Visa (because of some reasons), then 1 year counts.

If you came on Student Visa and then got married to a EEA citizen, start counting 5 years from the moment you got married.

The second condition is your spouse has to work or be self-sufficient or be a student or self-employed during those 5 years in order to exercise Treaty rights and in order to apply for Permanent residence for family members. So, the second question is has your spouse being exercising Treaty rights in the UK during last 5 years? If yes, you can apply for PR after 5 years, if not, you cannot get Permanent residence card. You will have to wait until both conditions are satisfied (5 years of marriage and 5 years of your spouse's work).

Nimitta wrote:

jaja2011 wrote:Hello ,

I have been in the UK for 5 years ( 4 years EEA familly member resident card and 1 year student Visa) Am I eligibale to apply for ILR or I still have to wait 1 more year to apply?

Yes, you confuse ILR and PR.

I understand you are a nonEEA citizen. In order to get Permanent residence card for you, your EEA spouse has to exercise Treaty Rights for continuous 5 years of living in the UK. In order to do so, first and foremost your spouse has to be your spouse. So, the question is when did you get married? If you, being a spouse of EEA, came to the UK on Student Visa (because of some reasons), then 1 year counts.

If you came on Student Visa and then got married to a EEA citizen, start counting 5 years from the moment you got married.

The second condition is your spouse has to work or be self-sufficient or be a student or self-employed during those 5 years in order to exercise Treaty rights and in order to apply for Permanent residence for family members. So, the second question is has your spouse being exercising Treaty rights in the UK during last 5 years? If yes, you can apply for PR after 5 years, if not, you cannot get Permanent residence card. You will have to wait until both conditions are satisfied (5 years of marriage and 5 years of your spouse's work).

thanks for your reply
my partner had work just in the begining of our mariage and since then she s self sufficient ( got UK and other european bank account ), now she s doing some volunteer work , which i m not sure if it is considered as regular work?
i m doing full time job , we never claim any benefits .

jaja2011 wrote:my partner had work just in the begining of our mariage and since then she s self sufficient ( got UK and other europian bank account ), now she s doing some volunteer work , which i m not sure if it is considered as regular work?
i m doing full time job , we never claim any benifits .

What you are doing is irrelevant. But it is very important what EEA spouse is doing. Self-sufficient need medical insurance in order to be considered as exercising Treaty rights. Read the post by Directive/2004/38/EC. It addresses the point some people totally miss:

http://www.immigrationboards.com/viewto ... 1&start=20

You also need to read about self-sufficient EEA

http://www.immigrationboards.com/viewto ... ent#485629

thanks, it is not the same case as we been living continuously in the Uk,