Do I qualify to apply for ILR

[Advise seeker]

Evening everyone,

I'm a non EEA married to EU, been here since 2001 on a student visa, refused extension in 2005,over stayed by 5 months, went back to my home country and got married. EEA spouse visa was issued without interview within 20 minutes for 1 year.
Moved back to UK, applied for LLR and got 5 years visa exp 2011.

My questions are as follow :

- Can I apply for ILR now or do I have to wait till 2011 ?
-Do I qualify for neutralising ?
-Why the IO has to check my passport for 10 minutes every time I enter UK together with my wife ?

Regarding the last questions I always say the truth that I over stayed but they still asks why ?
-What do you I need to do to stop this humiliation at the Borders ?
-Will my 5 months overstaying affect my ILR application ?
Appreciate the time you taking answering my questions

Regards,

[John]

Can I apply for ILR now or do I have to wait till 2011 ?

When did you get the EEA Family Permit? When did you first enter the UK using that EEA Family Permit? Dates please.

Do I qualify for neutralising ?

You really want neutralising? My cat had that done at the vets!

Suspect you mean naturalising! Under current rules, 5 years after you started exercising EU Treaty Rights in the UK you will get PR status, and one year after that you can apply for Naturalisation. But the rules are highly likely to change.

Why the IO has to check my passport for 10 minutes every time I enter UK together with my wife ?

Sounds like there is someone on the computer system that is causing that.

Will my 5 months overstaying affect my ILR application ?

Well no, because you will not be applying for ILR! You will be applying for confirmation of your PR status, and even then the overstaying time will not be taken into account.

[Advise seeker]

Thanks for your reply john


When did you get the EEA Family Permit? When did you first enter the UK using that EEA Family Permit? Dates please.

I got my EEA Family permit in novemeber 05.First entry to the UK using EEA family permit was 17/01/2006


You really want neutralising? My cat had that done at the vets!

I had a long day at work mate,Can't Spell


Sounds like there is someone on the computer system that is causing that.

Is there anything I could do regarding that ?
Can IO refuse entry if they wish to?
When I went back to my home country after the 5 months overstaying I was lucky my passport wasn't stamped at Hearthrow neither when I arrived back home.

[John]

I got my EEA Family permit in novemeber 05.First entry to the UK using EEA family permit was 17/01/2006

OK so you will get PR status on 17.01.2011. It will happen automatically on that day. You are not obliged to send in a form EEA4, but as a non-EEA citizen it is a good idea to get confirmation of your PR status, otherwise how are you goin to prove that you have the right to work etc?

So you get your PR status on 17.01.2011, and under current legislation will be eligible to apply for Naturalisation one year later. But it is highly likely that the legislation on Citizenship applications will change, so suggest you come back in 2011 and check this out again.

[Plum70]

So you get your PR status on 17.01.2011, and under current legislation will be eligible to apply for Naturalisation one year later. But it is highly likely that the legislation on Citizenship applications will change, so suggest you come back in 2011 and check this out again

It appears that the proposed path to citizenship will not affect the rights of EEA Nationals. Here: http://www.ukba.homeoffice.gov.uk/sitec ... tizenship/
(See page 7 (13) of the Path to Citizenship: next setps in reforming the immigration system)
Is it then safe to say that this exemption from the proposed changes would be extended to their non-EEA family members? That is to say: 5years UK residence under EU law still = PR = BC?

[John]

Plum70, you are right, but by 2012 there might be a change of UK government. That is, I don't think that the current proposals will necessarily be the legislation in force in 2011 or 2012.

[Plum70]

John, even with a probable change in government and/or legislation by 2012, I doubt that this would affect the provisions under EU law for automatic rights to PR for qualified EU Citizens and their non-EEA family members. And as the status of a permanent UK resident is essentially at par with that of someone with BC (save the actual naturalisation process and getting a British passort), I don't see how any changes in the domestic law can potentially 'inconvenience/harm' qualified EU nationals& their non-EEA Family members wishing to reside and be integrated in the UK on a permanent basis (without necssarily wanting to naturalise as a BC).

Correct me if I have erred or misunderstood you...

[John]

even with a probable change in government and/or legislation by 2012, I doubt that this would affect the provisions under EU law for automatic rights to PR for qualified EU Citizens and their non-EEA family members.

I totally agree with all of that. But it is the next bit ..... wait one year and apply for Naturalisation .... that could possibly change. I am not saying it will change, just that we should not assume that no change is possible.

[Advise seeker]

Thanks to both of you for the answers and the contribution to this Forum
I read the proposal which strongly focus on volunteering and social work as it will speed up the new probationary period on the proposal. This is a good point which I agree with as I'm already involved with 2 charities (YCT and Julia House)

1 last question : My wife is Danish, does she need to get PR or anything like that ?
Will it make a difference is if she applies for BC

We are not planning to live anywhere rather than UK as well as our children, I’d like all my future children and my family to have the same nationality to prevent from in confusion in the future.

Welcome any suggestions

Thanks

[Plum70]

I totally agree with all of that. But it is the next bit ..... wait one year and apply for Naturalisation .... that could possibly change. I am not saying it will change, just that we should not assume that no change is possible.

Ah right... well if the govt's plan is still to promote/facilitate integration and cohesion between migrants and BCs then I would think that the law would be fashioned such that PR holders are able to make this transition voluntarily, smoothly and fairly quickly.

[Advise seeker]

Thanks to both of you for the answers and the contribution to this Forum
I read the proposal which strongly focus on volunteering and social work as it will speed up the new probationary period on the proposal. This is a good point which I agree with as I'm already involved with 2 charities (YCT and Julia House)

1 last question : My wife is Danish, does she need to get PR or anything like that ?
Will it make a difference is if she applies for BC

We are not planning to live anywhere rather than UK as well as our children, I’d like all my future children and my family to have the same nationality to prevent from in confusion in the future.

Plum,John do you have any suggestions on the above questions please

Many Thanks

Welcome any suggestions

Thanks

[Advise seeker]

Thanks to both of you for the answers and the contribution to this Forum
I read the proposal which strongly focus on volunteering and social work as it will speed up the new probationary period on the proposal. This is a good point which I agree with as I'm already involved with 2 charities (YCT and Julia House)

1 last question : My wife is Danish, does she need to get PR or anything like that ?
Will it make a difference is if she applies for BC

We are not planning to live anywhere rather than UK as well as our children, I’d like all my kids and my family to have the same nationality to prevent them from any confusion in the future.

When do I need to take the test "life in uk"

Welcome any suggestions

Thanks

Any moderators would like to contribute to answer my question please?

Kind Regards

[Advise seeker]

Thanks to both of you for the answers and the contribution to this Forum
I read the proposal which strongly focus on volunteering and social work as it will speed up the new probationary period on the proposal. This is a good point which I agree with as I'm already involved with 2 charities (YCT and Julia House)

1 last question : My wife is Danish, does she need to get PR or anything like that ?
Will it make a difference is if she applies for BC

We are not planning to live anywhere rather than UK as well as our children, I’d like all my kids and my family to have the same nationality to prevent them from any confusion in the future.

When do I need to take the test "life in uk"

Welcome any suggestions

Thanks

Any moderators would like to contribute to answer my question please?

Kind Regards

Still seeking your advice please

[f2k]

Advise seeker, I m not an expert on this so please excuse if my comments are not useful to your case. My understanding is that your partner has to be excercising the EEA treaty to enable them to get PR (ILR) and then subsequently british citizenship. You should be able to get more information on this at

http://www.bia.homeoffice.gov.uk/euciti ... ropeanlaw/

i think for EEA1 might be the one you are after