Advice On ILR or PR

[imran1u]

Hello,
I am writing with regards to my settlement. I am not sure on which basis I should apply through Long Residency (ILR) or on EEA (PR).
I came to UK in June 2004 on a student visa and later I applied on following basis:
Oct/06 to Sept/07 (Student Visa)
Oct/07 to Sept/08 (Student Visa)
Aug/08 to July/09 (PSW)
July/09To July/10 (PSW)
I got married to EEA national in January 2010 and extended my visa till March 2011 as a family member. AS a family member of EEA I currently hold visa on Residence card basis which expires in May 2016.

1.If I understand correctly, in June 2014 I am eligible to for Long Residence (ILR) ,under the article:

“Long Residence and Private Life “
Time spent in UK with a right to reside under EEA regulations

Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for:
 third country nationals who have spent time in the UK as:
o the spouse, civil partner or other family member of an European Union (EU), or
o an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence
 former family members who have retained a right of residence.
During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain. For more information, see related link: 05 Residence card applications.
However, you must apply discretion and count time spent in the UK as lawful residence for family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if they meet all the other requirements for long residence.
This does not affect the rights of family members of EEA nationals to permanent residence in the UK, where they qualify for it under Regulation 15 of the Immigration (European Economic Area) Regulations 2006. For more information, see related link: Immigration (European Economic Area) Regulations 2006 – Regulation 15.


I am confused about what documents I need to provide on this basis that my wife exercising treaty rights.

2.Also, I am not sure if I am eligible in January 2015 to apply through EEA route for Permanent Residence due to 5 years of marriage. If I apply in Jan 2015, I will then have 4 years proof of exercising treaty rights of my EEA National Wife and myself. I am concerned that we don’t have enough prove living on the address together; no joint names on the bills and so therefore don't know how to cover first address.
Also, my wife (EEA National) did not complete 5 years on WRS, so I am worried that it might affect my application for PR in Jan 2015.
My Wife (EEA national) from Sept/08 to Oct/09 was studying her degree. She didn't have Health Insurance but she started working in April /09. Also, she didn't have WRS until Mar/10.She still works for same employer from Aril/09 till present (Part Time).


We are not sure which way to apply.

This is the list of the documents that we hold which is required for the applications:

Documents that we hold of the first address we were living together (Aug/08 to Jan/10):

• My Wife’s (EEA national) job contract letter
• My Wife’s (EEA National) WRS Issued Mar 2010
• My Wife’s (EEA National) Pay Slips
• My (NON EEA) Job Contract Letter
• My (NON EEA) Car Insurance Letter
•
The Second address we are living together (Jan 2010 to present):

• My Wife’s (EEA national) 5 P60
• My Wife’s (EEA national) Pay Slips
• My (NON EEA) 5 P60
• Tendency Agreement on both names
• Water Bill On both names
• Electricity Bill On both names
• Council Bill on both names
Regards

[Obie]

It appears to me, that you may be able to apply for ILR under Long Residence, this summer, subject to you passing Life in the UK and English language exam.

She is not required to be on WRS for 5 years.

In certain circumstances, she may not require Comprehensive Sickness insurance, if she had been in employment in the host memberstate. This is subject to her, having retained the status of worker.

[imran1u]

Thanks Obie,

i

ok if I apply in this summer , on LR ( ilr )
. I have already passed Life uk test in 2011,
. I have two ilets test , its one of them is valid,
do I need to draft a letter to explain to HO , as time spent EEA Spouse .
Thanks

[Obie]

You will most likely need to.

Need to get someone to check the course aspect . If she undertook vocation job that relates to her previous employment, then she may be fine.

[imran1u]

Dear Obie my wife ( EEA national ) she did not change her job , april 2009 she still works for the same employer,
what I am feeling confused about is it now how to draft a letter " Time spent as EEA spouse "what to write, I will send her following documents with application.
.5 years pay slip
.5 years P 60
.WRS ( 4 years on it )
. Her Employment contract. and the bills our name on it.

Secondly , I when I filling the previouse address on LR application , we don't have any bills on our name , don't know how to cover that.
Regards

[Obie]

You may need to seek legal assistance on those aspect.
You need to ensure that the period you are claiming residence under the regulations, is properly set out.

Also, the period whiles studing without CSI, has to be examined, to determine whether or not she retained the statu as a worker during that period.

[imran1u]

Ok , about CSI , she started work before our marriage, hopes it will be ok,
Regards

[imran1u]

Dear Obie,

.Also, I am not sure if I am eligible in January 2015 to apply through EEA route for Permanent Residence due to 5 years of marriage. If I apply in Jan 2015, I will then have 4 years proof of exercising treaty rights of my EEA National Wife and myself. I am concerned that we don’t have enough prove living on the address together; no joint names on the bills and so therefore don't know how to cover first address.
Also, my wife (EEA National) did not complete 5 years on WRS, so I am worried that it might affect my application for PR in Jan 2015.
My Wife (EEA national) from Sept/08 to Oct/09 was studying her degree. She didn't have Health Insurance but she started working in April /09. Also, she didn't have WRS until Mar/10.She still works for same employer from Aril/09 till present (Part Time).

Regards