ILR after a EEA FP visa

[makwco21]

Im a non European citizen and I have been living with my English girlfriend in Italy for 4 years but now we are planning on moving to the UK. I was meant to apply for ILR as we have been living togather for 4 years abroad which is the minimum period required for it but by the time I got to the "british immigration office" they did not know about it (pretty weird) , they suggested that I applied for EEA FP Visa which I did. Last week I finally got my visa but now I have a couple of questions that I would like to ask.

1- When I got the visa there was this document that says: YOU MIGHT USE THIS EEA FAMILY PERMIT TO TRAVEL TO THE UK ONLY WHEN ACCOMPANIED BY YOUR SPOUSE/CP OR IF YOUR SPOUSE IS ALREADY IN THE UK. Does that mean that we have to be together at the moment of my arrival? I have something to do here in Italy before I leave and my girlfriend (English) would like to go to the UK 3 days before me to visit her family. Will it be a problem if I arrive at the airport on my own? I mean, it is only 3 days appart...

2-I would like to get the ILR once I get into the UK, we have been living togather here in Italy for 4 years, and that seems to be long enough to qualify for ILR but, can I get it even with the kind of visa I got granted?

Thanks for your time and your help.
Luis

[86ti]

I am not an expert here but I think what you want is ILE (=indefinite leave to enter), see point 13.5 in http://www.ukvisas.gov.uk/en/ecg/chapter13/

[makwco21]

Sorry, maybe I did not explain myself properly or maybe I dont understand what you mean.
I already got a visa to get into the UK (EAA FP), now I need to know if I can apply for ILR with that visa once I get into the UK and if my partner needs to be next to me at the momento of my arrival.

Cheers for your reply! :)

[86ti]

You have been granted an EEA FP on the basis of your relationship to a UK citizen which obviously has been exercising her treaty rights in Italy and now wishes to return to the UK under the Surinder Singh ruling I guess. If you want to proceed in this way you will be on the EEA route which means that you cannot obtain permanent residence earlier than after five years having lived continuosly in the UK and having exercised your treaty rights in this period.

Living outside the UK for a longer period may entitle you to ILE (not ILR even if it is technically equivalent) but I think you would have to obtain that stamp at a consulate as it is an entry clearance. I am not sure if you can come just now to the UK on an EEA FP and apply for ILR straight away. I hope some expert can advice you better.

[makwco21]

oohhh dont say that!! that means that the visa I've got is putting me further away from British Nationality?!! :( I can't beleive it!! thats what the visa people from the Worldbridge service recomended me to do! at the end It will take me 10 years to be able to apply for it. 4 years so far, plus 5 in the UK plus another 1 or 2 with the ILR. When I could have done it much much faster getting another type of visa. And they are the profesionals the UK embassy choose to help us? I feel really disappointed...
Cheers for your help anyway, nothing to do with you! I should have done this before applying for my visa, instead I phoned them and I paid 14 dollars for the service... nice! :(

Cheers again!
Luis

[86ti]

Oh, Worldbridge I see...

But as far as I can see you haven't used the EEA FP yet. Maybe it is still possible to get this ILE stamp (costs money I suppose) and go down the UK route?

I wonder where the experts are today. If they don't show up here I suggest to open a new thread with a title that is closer to your problem (mention ILE).

[makwco21]

I will do that, thanks for all your help!! I really appreciate it!