Here is an interesting question for you.. Spouse visa

[adinaedri]

I am a British citizen.
DH is a non-EU citizen.
We have two children, both hold British citizenships.
We met in the UK 12 years ago, got married 11 years ago, lived in various countries and returned to the UK 2013.
He was granted a EU family member residence card based on Surinder Sing.


My question: I was told that because we are now married for over 10 years, he could potentially apply for an ILR right away.
Is that correct?

Thank you.

[seagul]

I am a British citizen.
DH is a non-EU citizen.
We have two children, both hold British citizenships.
We met in the UK 12 years ago, got married 11 years ago, lived in various countries and returned to the UK 2013.
He was granted a EU family member residence card based on Surinder Sing.


My question: I was told that because we are now married for over 10 years, he could potentially apply for an ILR right away.
Is that correct?

Thank you.

EU and UK law are different although the time spent under EU route will be counted under 10 years of long residence for ILR but for getting ILR in your case under UK route wont start simply from the date of your marriage rather from the time when he got visa. For you PR might be more appropriate after 5 years which in your case you could have already acheived in 2018.

[CR001]

I was told that because we are now married for over 10 years, he could potentially apply for an ILR right away.
Is that correct?

There is no such rule. There used to be a rule if married for 4 years but that was removed in July 2012.

PR or settled status is what your spouse needs to apply for. Ilr doesn't apply in your case.