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Unmarried partner of EEA nat'l app for ILR 2- or 5 years?
Posted: Sun Oct 23, 2011 10:49 am
by fenixfenix12
HI,
I am a US citizen, granted a 5 year residency permit in the UK under the EEA2 Application ( my partner is a French national). We have now spent 2 years living and working in the UK together, with me holding the residency permit. I am now finding some information that it is possible perhaps to apply after 2 years for the ILR, and then after 1 year for British citizenship. However, some information indicates I have to wait out the 5 year full term of residency card before being able to do this. Any clarifications, useful links would be great. Thank you in advance!
Posted: Sun Oct 23, 2011 10:58 am
by Lucapooka
That condition is for settlement under UK immigration rules. You are the European track. You can't switch tracks. If your partner has PR already you can leave the UK and apply for settlement under UK immigration rules which, after 2 years on that status, would see you eligible for ILR. Nevertheless, you can't naturalize earlier than five years (one of which must be with PR/ILR) if your partner is not British.
Posted: Sun Oct 23, 2011 10:59 am
by EUsmileWEallsmile
Hi, you'll need to wait five years in total for permanent residence. A year afterwards, you could apply for British citizenship (if the rules stay as they are, who knows what will happen in the future).
The 2-years and ILR you mention are for people who came in under the immigration rules. This does not apply to your case.
Thank you and which application?
Posted: Mon Oct 24, 2011 8:31 pm
by fenixfenix12
Hi both, thank you for your reply. So to get this clear, after 5 years, I will need to apply for ILR (or permanent residency). My partner is French and has been here as long as I have, so 2 years, doe he need to apply for PR just in case to add to our dossier if we stay on the EU track?
Finally, do we then use the EEA4 application when we apply under the EU track?
If granted ILR, 1 year later, I need to again jump through the same application hoops as I do for ILR (proving our durability in a relationship) or is it no longer necessary?
Thanks in advance!
Posted: Mon Oct 24, 2011 9:59 pm
by EUsmileWEallsmile
After five years you can apply for Permanent Residence (not ILR, which you won't get in your circumstances). Keep all the documentation you can such as P60s (partner's); utility bills, etc. Best to have these in joint names. This will make your task easier when the time comes to apply.
PR can lead to citizenship under the current rules. This is not part of EU legislation, but domestic.