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non EEA family member of EEA.

Posted: Fri Jul 08, 2011 1:38 pm
by aajayi4
hi,
i need help to know if i can applied for applied for ILR after my five years is completed. i'm non eea family member of EEA national. i enter uk 9th january 2008 with eea family entry clearance to join my eea. six month visa expired june 2008 and i applied for resident card which was issued june 2009, a year delay. to expired 2014 but 9 january 2013 will be 5yrs since i came. but my residecy card runs till june 2014. 2014 january willbe my 6 yrs but my resident sti run til june of that year. my questions is

1. do i need to applied for ILR in january 2013 when 'm five yrs in uk? or will i be qualified to applied straight for nationality in 2014 without first applying for ILR.

if yes, do i need my eea spouse evidence to apply for nationality if i have been in employment since 2008? and lastly my eea spous stop working becos of kids though having worked since 2005. will that be a problem to my application? i need answer pls if you know hoe the system work.

Posted: Fri Jul 08, 2011 4:24 pm
by Kitty
Under the EEA system you will eventually attain "Permanent Residence" status (PR). This is different from ILR ("Indefinite Leave to Remain"), which is only relevant to people applying under the Immigration Rules.

You can count your 5 years from the date you entered the UK using your Family Permit. If you qualify for PR then you can apply for confirmation of your status using form EEA4.

However, note that your right to be in the UK is dependant upon your wife being here in accordance with the regulations. She may already have attained PR herself, but this will depend on when she arrived in the UK, when she stopped work, and what she was doing in between.

Can you tell us more about your wife's history in the UK?

Posted: Fri Jul 08, 2011 6:53 pm
by aajayi4
thanks.
she come to uk febuary 2005, work for just two moths apri and may. because she was pregnant, she stoped and had the baby oct 2005 she couldnt go to work. she was not collecting any benefit only help from my brother who was working while i was stil not in uk. she started working again after 10months of our baby in 2006 she started working again till june 2009. since june 2009, she is self employed as tranlator. our basic income was from me coz i'm working since 2008. she stop self emploment march 2011 and has not worked since becos working no one to leave our three children for while i'm working. will this affect my application?