Which form to complete for ILR for a Non-EU family member?

[nbonnaud]

Hi,

I want to apply for ILR (indefinitely leave to remain) in the UK,
I am a non-EU citizen, married with a EU citizen, we have being together for the last 5 years in the UK (married nearly4) and already had applied for leave to remain (Previous EEC1) granted until 2009.

Now I want to apply for ILR, Which form I have to complete?

I believe the EEA4, but I not sure if the statement of "permanent residence" means the same as "indefinitely leave to remain?

As in the future I would like to apply for UK Citizenship
Many thanks in advance for the advice

[John]

I believe the EEA4, but I not sure if the statement of "permanent residence" means the same as "indefinitely leave to remain?

Indeed it does, the same.

But I have a query. I ask how long you have been in the UK exercising treaty rights? Or put it another way, prior to the two of you getting married, what was the basis of your stay in the UK?

[nbonnaud]

Dear John

Many thanks for the reply.

Before we got married I was on the basis of "student visa", for nearly 2 years. (Jan 2001 to Dec 2002)

Then after the wedding in the UK in 2002, we apply twice for EEA family permits VISA (2002 and 2003), in the British Embassy in Amsterdam (each visa was granted for one year). While living permanent in the UK,
My husband since 1997 and I since Jan 2001.

(The only reason why we applied in Amsterdam was because the process was quicker than in Croydon)

Therefore the 3er time, in 2004 we applied in Croydon, for the residence permitte EEC1 and it was given until 2009. (Why 2009 and not 2007? they did not took into account the 2 previous years, that we have been together living permanently in the UK?

Any suggestion on how I can improve my situation? and apply for the ILR?
Many thanks in advance

[John]

I think your 5-year qualifying period started when you got the first EEA Family Permit, and not on arrival in the UK in 2001. In other words the time in the UK on the student visa cannot be counted.

Accordingly I don't think you are yet time-qualified to apply for Permanent Residence. But you will be sometime in 2007, five years after the 2002 issue of the EEA Family Permit.

Time in the UK on a student visa rarely counts towards ILR. The only exception is where the person is making a Long Residence application, but clearly you cannot do that as you are a long way short of 10 years in the UK.

[nbonnaud]

Sorry John but I am a little bite confuse.

We have being living together for more than 5 and half years,
And we have being married for more than 4 years.

I understand that under the regulations EEA/Family member, after being married for 4 years, leaving in the UK, we can apply for permanent residence visa.

Why do you think that I need to apply on 2007?

[John]

I understand that under the regulations EEA/Family member, after being married for 4 years, leaving in the UK, we can apply for permanent residence visa.

Because as from 03.04.06 that four years you refer to became five years! Simply a change in the regulations.

You could think that such change is retrospective. That is those who met the four years prior to 03.04.06 could apply on the basis of the legislation then in force. But those who did not meet the four years at that stage, or simply neglected to apply in time, now need to wait for five years.

Don't shoot the messenger. Personally I think the way the move to 5 years is applied to those already in the UK is diabolical.

[JAJ]

Hi,

I want to apply for ILR (indefinitely leave to remain) in the UK,
I am a non-EU citizen, married with a EU citizen, we have being together for the last 5 years in the UK (married nearly4) and already had applied for leave to remain (Previous EEC1) granted until 2009.

Now I want to apply for ILR, Which form I have to complete?

I believe the EEA4, but I not sure if the statement of "permanent residence" means the same as "indefinitely leave to remain?

As in the future I would like to apply for UK Citizenship
Many thanks in advance for the advice

Out of interest, Is your spouse planning to apply for UK ILR? Or British citizenship? And have you had children born in the UK?

[nbonnaud]

Hi, John

Many thanks for your message. You are right!!!

I was confused, as in the immigration WebPages said 4 years, (an updated information) but in the application form EEA4 said 5 years!
Well, I will have to wait!

Jumping into another question.

My husband wants to apply for UK Citizenship this year, (as he already have ILR). Then as I understand, I will be legible to apply for ILR (as UK spouse can obtain ILR after 3 year being married).

How long after I will be able to apply for UK Naturalization?

I really appreciate all your help. Many thanks!

[John]

Your husband will be eligible to apply for Naturalisation as British once ILR has been held for one year. I see from the opening message that he has already been in the UK for 5 years. Of course a pass certificate from the Citizenship Test will need to be enclosed with the naturalisation application.

So assuming he is British, as soon as you have your ILR you will be entitled to apply to be British also.

But when can you get your ILR? Your husband's British Citizenship will not effectively assist you. You could get a 2-year spouse visa, and then ILR near the end of that, but that is a longer path than staying on the route you are currently on. Sorry, just wait out your 5 years then apply for your ILR (Permanent Residence).

But as said above, assuming your husband is then British, as soon as you have your ILR you can apply for your naturalisation. Literally you could get your ILR one day and apply for naturalisation the very next day.

The Citizenship Test? Are you both studying for that now? It would be a good idea if you both got that aspect out of the way as soon as possible. Studying for it at the same time might help both of you to pass.