ILR

[MrsMoo]

Hi All,

I am new here, and have a few thoughts. to share and hoping to get some advise.

I am Romanian, came to the UK at the end of 2004 as self-employed and have been exercising that right ever since. I have been granted Leave to remain in the early year of 2006. I have met someone with whom I'd like to marry to but don't know if I should wait until I apply for the ILR at the end of this year, or marry?

If I want to get married before I apply for ILR what are the advantages or disadvantages to my self-employment status?

Thanks in advance

[John]

Three questions :-

• You say you are Romanian. Romania did not join the EU until 01.01.07. What was your UK immigration status before that date?
• Why do you think you are entitled to apply for ILR later this year?
• As regards the possible marriage, what is the nationality of the person you might marry? British? EEA? If non-EEA, their UK immigration status?

[MrsMoo]

Hi,

Thanks for your reply

- before 2007, my UK status was as self-employed
- Yes, I am entitled to apply as I was told my HO so - I hope they were right
- British

Any info would help.
Thanks again

[John]

So what sort of visa do you have? I am confused. You say you came here in late 2004, but talk of Leave To Remain being issued in early 2006.

What sort of leave did you have from late 2004 until early 2006? And indeed what exactly was issued to you in early 2006? And what is the stated expiry date on that visa?

[MrsMoo]

OK, I will try to be clearer

I came to UK with a self-employed business visa valid from 16.11.04 until 16.11.05
I have applied for Leave to Remain which was issued on 31.03.06, and was valid from 16.11.05 until 16.11.08 Then before it expired I have contacted the lovely pips from HO and explained my situation and I have been explained than the Romanians & Bulgarians right to apply for ILR has been extended for a further 1 year, and therefore I am entitled to apply before 16.11.09

Hope this helps in helping me ;)

[n95]

You should marry the British citizen immediately. If you marry him, then you can work immediately, anywhere, whether it's at a McDonalds, or as a rocket scientist. You will still get your ILR at the end of the year.

[John]

Mrs Moo, I simply do not understand how you can apply for ILR "at the end of the year". You are now in the UK exercising EU Treaty Rights, as a Self-Employed person, and accordingly I think your "immigration clock" has got reset back to zero!

Now it is totally possible that I am overlooking some "small print" but I would very much welcome someone pointing me in the right direction on that, because until then my conclusion will remain the same .... no ability to get ILR .... ever ... and no ability to get Permanent Residence status .... the EU route equivalent of ILR ... for years!

Marriage? Whether or not you are married will, by itself, make no difference to the above.

[MrsMoo]

I remain confused though, as HO advised that I would be able to apply for ILR....

I love my Fiancé very much, and we have decided to get married next year. I thought that if we get married this year, it would facilitate me obtaining a better job, as Romanians ability to obtain access to the UK work market job is restricted

Let’s say I do get married this year, what’s happening with my last 4 years spent in UK? Do they take in consideration these years at all?

Thanks in advance for all the advices

[John]

As I posted before :-

Now it is totally possible that I am overlooking some "small print" but I would very much welcome someone pointing me in the right direction on that, because until then my conclusion will remain the same

-: and that remains the case. I would very much welcome someone else to comment.

When you phoned the HO, did you make a point of telling them your nationality? If you did I think that aspect was ignored or overlooked.

[PaperPusher]

Hello MrsMoo

You should have free access to the UK labour market already

7. You will be exempt from the requirement to obtain authorisation to work in the United
Kingdom if:
• you had leave to enter or remain under the Immigration Act 1971 on 31 December 2006 and that leave did not place any restrictions on taking employment in the United Kingdom or you have been issued with such leave after that date. For example, you have been given leave to remain as the dependant of a person settled in the UK; or
• you have been working with permission, and without interruption, in the United Kingdom for a period of 12 months ending on or after 31 December 2006. For instance, you are already present in the United Kingdom as a work permit holder or in some other category that confers permission to take employment (for example as a student and you have been in part-time employment continuously for 12 months); or
• you are providing services in the United Kingdom on behalf of an employer

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

I think the bit that applies to you is

"you have been working with permission, and without interruption, in the United Kingdom for a period of 12 months ending on or after 31 December 2006"

Perhaps you are now actually exempt from getting work authorisation & can get a card from the Home Office to prove it, not that this should stop your wedding plans!

Have you been self employed?

[JAJ]

Mrs Moo, I simply do not understand how you can apply for ILR "at the end of the year". You are now in the UK exercising EU Treaty Rights, as a Self-Employed person, and accordingly I think your "immigration clock" has got reset back to zero!

John
If someone from Romania was admitted under the Immigration Rules prior to 1.1.07 aren't they allowed to keep their existing status?

[John]

JAJ, my understanding is no, and it needs to be appreciated that any such permission under UK immigration rules, expired on 16.11.08. So it is undoubtedly the case that the OP is now in the UK, quite legally, and exercising EU Treaty Rights, as a Self-Employed Person.

What is not clear to me is when their immigration clock got reset. Was it on 01.01.07 when Romania joined the EU, or was it on 17.11.08 when without doubt they commenced using EU Treaty Rights?