can i apply for my ILR now please help !!

racim · Post by **racim** » Mon Jan 03, 2011 5:55 pm

hey there i am just gonna cut my story short
i came 2 uk in july 2004 ( visitor visa ) my visa run out after 6 months then i stayed illegal till when i got married with EEA member i got 5 yeras resident in aug 2007
my resident will finish aug 2012.
can i apply for my IRL because i have been in the country more than 5 years or is that any way can i apply for my IRL !!
thank you for any replay in advance

Post by **Casa** » Mon Jan 03, 2011 6:19 pm

You can't count the time spent here illegally. You will be able to apply for PR (not ILR) after 5 years of legal residence which will be in August 2012.

racim · Post by **racim** » Mon Jan 03, 2011 6:24 pm

Casa wrote:You can't count the time spent here illegally. You will be able to apply for PR (not ILR) after 5 years of legal residence which will be in August 2012.

thank you for your replay casa
whats the defrence between PR and ILR then thx

Post by **Casa** » Mon Jan 03, 2011 7:06 pm

PR = Permanent Residence under EU/EEA regulations
ILR = Indefinate Leave to Remain under UK rules.

I'm right that your spouse is an EU national, not British? You're still married?

racim · Post by **racim** » Mon Jan 03, 2011 7:16 pm

[I'm right that your spouse is an EU national, not British? You're still married?[/quote]
thx alot for your help casa
yes she is an EU National she is from Latvia
to be honest we still married so far but the things is not going well we might divorce soon !!! i don know wot to do really !!!

Post by **Casa** » Mon Jan 03, 2011 7:44 pm

I'm moving this to the EU section where you should get more advice than I'm able to give you about your rights if you divorce before you are granted PR.

racim · Post by **racim** » Mon Jan 03, 2011 7:49 pm

Casa wrote:I'm moving this to the EU section where you should get more advice than I'm able to give you about your rights if you divorce before you are granted PR.

thank you
so wot would i have to do if i get divroces before my 5 years finished !! thank you casa

Post by **Casa** » Mon Jan 03, 2011 8:35 pm

Let's wait for advice from members who have experience of PR applications after divorce.
Meanwhile, I've found this for you:
Send a letter to the HO informing them that you are divorced now and prove the following to the HO by way of documentation:
1. Marriage lasted for >3 years and you lived in UK for atleast a Year with your spouse
2. The Divorce was initiated (applied for) after 3 years of marriage
3. The EEA spouse was exercising treaty rights in the UK for the whole time you were married and Specially from the point of divorce initiation upto grant of decree absolute
4.some proof of cohabitation (HO often ask for some kind of proof)
5. Marriage certificate/ divorce certificate
All docs should be original.

racim · Post by **racim** » Tue Jan 04, 2011 1:36 am

Casa wrote:Let's wait for advice from members who have experience of PR applications after divorce.
Meanwhile, I've found this for you:
Send a letter to the HO informing them that you are divorced now and prove the following to the HO by way of documentation:
1. Marriage lasted for >3 years and you lived in UK for atleast a Year with your spouse
2. The Divorce was initiated (applied for) after 3 years of marriage
3. The EEA spouse was exercising treaty rights in the UK for the whole time you were married and Specially from the point of divorce initiation upto grant of decree absolute
4.some proof of cohabitation (HO often ask for some kind of proof)
5. Marriage certificate/ divorce certificate
All docs should be original.

thx casa for all the help you providing.
so do i have to send that to the HO just after i divorce and get my divorce document or do i have to send all this document after i finish my 5 years !!!
thank you

Post by **vinny** » Tue Jan 04, 2011 2:52 am

See also OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003

Immigrationboards.com: Immigration, work visa and work permit discussion board

can i apply for my ILR now please help !!

can i apply for my ILR now please help !!