just information

[maaz]

just need information regarding the eligiblity of ILR in uk of EEA nationals and NON EEA family members after change of law in april2006 five years residence instead of four years.Does it affect the(EEA nationals and their non EEA family members)who are residing here before 2006.help would be much appereciated.

[magata]

thanks maaz,


Firstly, in order for the board to provide you suggestions/advice with regards to your case or situation. Therefore, Can you please detail your UK immigration history. In particular, when did you first have an EEA Family Permit (if ever) or a Residence Permit or Card issued using EU/EEA legislation?

Regards

[maaz]

Thanks a million magata
GOt EEA family permit in oct 2004 just need to know whether we can apply for ILR after four years or according to new law which announced on 30th april 2006 we comes under five years law.
much appreciated for ur time n help.
fhanks

[John]

It is very clear that PR will be obtained after 5 years. Furthermore such PR will be given automatically on the 5th anniversary of the EU/EEA Treaty Rights starting to be used. That is, whilst applications on form EEA3 or EEA4 can still be made, that is not compulsory, and such permits issued will merely be confirmatory.

..... eligiblity of ILR in uk of EEA nationals and NON EEA family member .....

Technically the answer is never! They will never get ILR! They would get PR ... Permanent Residence ... the EU/EEA equivalent of ILR.

The distinction is important these days, if only because whilst the Life in the UK Citizenship test needs to be passed by those applying for ILR, but that is not the case for PR.

[magata]

Maaz,

Unfortunately, Accordin to the EEA regulations that came into force on 30/04/06.you need to have been exercising the treaty rights in the UK for 5 years in order to automaticaly obtain Permanent Residence, equivalent of ILR as Therefore, the earliest you can apply for confirmation of PR will be in September 2009 (no more than 28 earlier)


I hope the above clarifies you query


Regards


Magata

[Rozen]

whilst the Life in the UK Citizenship test needs to be passed by those applying for ILR, but that is not the case for PR.

Huh? I thought 'Life in UK' test was for Naturalization, not ILR!

[John]

For ILR applications on or after 02.04.07 it is necessary to enclose a pass certificate from the Life in the UK Citizenship Test. Having done so it is not a question of needing to pass the test again when Naturalisation is applied for.

But just to make it clear, anyone aged 18-64 applying for Naturalisation needs to have passed the test. Accordingly if they applied for their ILR prior to 02.04.07, or indeed have got PR, then the test cannot be avoided.

[maaz]

Thanks u all for such a brief information.

[maaz]

hi again every body i m over 21 a non EEA family member of an EEA national exercising treaty rights in uk.i wanted to marry a person who is on student visa in uk for nearly six years.whats gonna b legal status of me and my partner after marriage.
1:could my student partner can also b dependant of my father(EEA NATIONAL)if not
2:would i b still eligible for PR after 5 years if marry to that overseas student while i m dependant of my EEA NATIONAL father.
would b much obliged for any guidance.
THANKS