ILR or Residence Permit ?

[JXenir]

Hi all,

I hope someone can give me some advice. I'm from Portugal and my wife is Brazilian. We're at the end of our 2nd 5-years residence permit. Before applying to this 2nd, we did apply for ILR but was denied.

Now, after these 2 residence permits, should we apply for a 3rd one, or should we apply for ILR? If the 1st application was denied, the Home Office could easily deny the 2nd application, couldn't they? The 1st application was denied as we received JSA for a period in the 1st 5 years, but we never applied for benefits after that.

Also, which nationality our child (born last November) should get? We're getting all kinds of information: british, portuguese, brazilian, all 3.... We're very confused about this.

Cheers

[vinny]

Did you apply under European Law? What were the reasons for the denials?

[JXenir]

Did you apply under European Law? What were the reasons for the denials?

Thanks for your reply, Vinny. Yes, we did apply under European law. The reason was that we had accessed public funds (we received JSA during our 1st 5 years).

[isceon]

have you not worked for 5 years?and received jsa?

[JXenir]

have you not worked for 5 years?and received jsa?

No. We were on jsa for a few months only. On the new RP we've just been working.

[86ti]

Actually you do not apply for ILR but for PR under European law.

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

[JXenir]

Actually you do not apply for ILR but for PR under European law.

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

[86ti]

Actually you do not apply for ILR but for PR under European law.

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

Ok, but what date? It's really hard to help you if you can't give us exact dates...

[86ti]

Oh, and did you receive contribution-based Jobseeker's Allowance or income-based Jobseeker's Allowance. If I remember correctly contribution-based may be ok. See also http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[JXenir]

Actually you do not apply for ILR but for PR under European law.

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

Ok, but what date? It's really hard to help you if you can't give us exact dates...

I haven't got the exact dates with me (at work ate the moment).

Does it really matter? After I've received my 2nd RP, I've never applied/received any benefits...

[86ti]

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

Ok, just saw it. I don't see any problem if you apply for PR since you have been exercising treaty rights for a continuous period of about 7 years. Is this number correct?

[JXenir]

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

Ok, just saw it. I don't see any problem if you apply for PR since you have been exercising treaty rights for a continuous period of about 7 years. Is this number correct?

Yes, 7 years and a few months at least... Thanks.

[86ti]

When exactly did you stop claiming JSA and have you been exercising you treaty rights continuously since then?

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

Ok, just saw it. I don't see any problem if you apply for PR since you have been exercising treaty rights for a continuous period of about 7 years. Is this number correct?

Yes, 7 years and a few months at least... Thanks.

Don't forget that PR is automatic and the residence permit only a confirmation of rights.

[JXenir]

Claimed JSA for a few months only. JSA stopped around 2 years before I renewed my residence permit for 5 more years. Since then, just exercising my treaty rights.

Ok, just saw it. I don't see any problem if you apply for PR since you have been exercising treaty rights for a continuous period of about 7 years. Is this number correct?

Yes, 7 years and a few months at least... Thanks.

Don't forget that PR is automatic and the residence permit only a confirmation of rights.

Yes, but my wife needs the visa. So I have to apply/or ask for a confirmation because of her..

[JXenir]

Also, which nationality our child (born last November) should get? We're getting all kinds of information: british, portuguese, brazilian, all 3.... We're very confused about this.

Cheers

Anyone has any experience on this subject?

Thanks!

[86ti]

Also, which nationality our child (born last November) should get? We're getting all kinds of information: british, portuguese, brazilian, all 3.... We're very confused about this.

Cheers

Anyone has any experience on this subject?

Thanks!

Better open a new thread to attract attention.