Hello, I want to apply for indefinite leave to remain..?

Swadesh · Post by **Swadesh** » Wed Jul 13, 2011 8:08 pm

Hello, I want to apply for indefinite leave to remain and then later - get a British passport.

I have been in this country since 2002 and I have come with my family (my mum and my elder brother). My family was brought to this country by my Dad, he has Portuguese passport.

The Visa, which I have in the stamp says the following: "Type of Document Residence Card of a Family Member of an EEA National".

When I came to UK, I had temporary visa of 5 years (expiring 2008) with the above stamp ^.
Once that expired my family applied for Indefinite leave to remain. However, we got another 5 years which expires in 2014 March.

Now, rules are changing very quickly and I want to apply for indefinite visa this year, rather than wait for 2014.

Conclusion:

So with the current type of Visa I have and being in this country for 9 years, which is half my age. Is it possible for me to get "indefinite leave to remain" or do I have to wait for 2014 to come and then apply again.

Regards
Swadesh

Post by **John** » Wed Jul 13, 2011 8:38 pm

I fear you are confusing ILR and PR, which is the EEA-route equivalent of ILR. I am moving this topic to the EEA-route area of this board.

Once that expired my family applied for Indefinite leave to remain. However, we got another 5 years which expires in 2014 March.

Can you give details of why that was the case?

Swadesh · Post by **Swadesh** » Wed Jul 13, 2011 8:55 pm

John wrote:I fear you are confusing ILR and PR, which is the EEA-route equivalent of ILR. I am moving this topic to the EEA-route area of this board.

Once that expired my family applied for Indefinite leave to remain. However, we got another 5 years which expires in 2014 March.
Can you give details of why that was the case?

We really don't know why that happened, they just sent us the passport with another 5 years.

I want to know with the current situations can I get ILR ??

Regards

Post by **John** » Wed Jul 13, 2011 9:17 pm

can I get ILR ?

No, not now, not ever! Is that clear enough?

What you might be able to apply for is PR, Permanent Residence.

Your Dad, Portuguese, how long has he been in the UK? And what does he do in the UK? For example, employed? Self-employed? Or what?

Swadesh · Post by **Swadesh** » Wed Jul 13, 2011 9:21 pm

John wrote:
can I get ILR ?
No, not now, not ever! Is that clear enough?

What you might be able to apply for is PR, Permanent Residence.

Your Dad, Portuguese, how long has he been in the UK? And what does he do in the UK? For example, employed? Self-employed? Or what?

My dad has been in the UK since 1995. He worked till 2003, since then he cannot work because he is highly diabetic person.

Regards
Thanks

Post by **John** » Wed Jul 13, 2011 9:35 pm

If your Dad is Portuguese, can I ask, why are you not Portuguese?

Swadesh · Post by **Swadesh** » Wed Jul 13, 2011 9:49 pm

John wrote:If your Dad is Portuguese, can I ask, why are you not Portuguese?

This is because I was born in India. My mother is Indian and my dad is Portuguese - Indian.

Regards
Swadesh

Post by **Directive/2004/38/EC** » Thu Jul 14, 2011 4:28 am

You came in 2002. Your dad was working until 2003 and then has been sick (but would retain his residence rights in any case).

So I think you should have had PR in 2007. Do you know exactly what you applied for in 2007? Was it a Permanent Residence Card using form EEA4? Or was a Residence Card renewal using form EEA2?

In any case, you very likely already have PR since 2007. And so in 2008 you would have been able to apply for citizenship.

Note that ILR is the name of the right if you are not a family member of a European. PR is what it is called if you are a family member of a European.

Swadesh · Post by **Swadesh** » Thu Jul 14, 2011 8:30 am

Directive/2004/38/EC wrote:You came in 2002. Your dad was working until 2003 and then has been sick (but would retain his residence rights in any case).

So I think you should have had PR in 2007. Do you know exactly what you applied for in 2007? Was it a Permanent Residence Card using form EEA4? Or was a Residence Card renewal using form EEA2?

In any case, you very likely already have PR since 2007. And so in 2008 you would have been able to apply for citizenship.

Note that ILR is the name of the right if you are not a family member of a European. PR is what it is called if you are a family member of a European.

Firstly, Thanks John and Directive/2004/38/EC

Just to clarify: I am an Indian and I hold a Indian passport.

We applied for Permanent Residence Card, but I was very young at that time so don't know which form my dad filled in.

And

Yh, I should have got the citizenship, but we do not know why. Now, My Main Question Is: I want to know if I can still get "PR" with the current laws. or We will get a temporary one again, ie. 5 years or 10 years.

In addition,

I will check the documents again and the final letter they sent us. And thanks for explaining the ILR and PR.

Thanks
Regards

Post by **John** » Thu Jul 14, 2011 9:31 am

Directive/2004/38/EC wrote:You came in 2002. Your dad was working until 2003 and then has been sick (but would retain his residence rights in any case).

Directive/2004/38/EC, can I ask your opinion on this? I notice that Article 7.3(a) of the Directive includes the word "temporary", as in :-

he/she is temporarily unable to work as the result of an illness or accident

Do you consider that a problem? After all 2003 is now 8 years ago.

86ti · Post by **86ti** » Thu Jul 14, 2011 12:27 pm

I think 5.(3) may be relevant here.

Post by **Directive/2004/38/EC** » Thu Jul 14, 2011 8:18 pm

John wrote:
Directive/2004/38/EC wrote:You came in 2002. Your dad was working until 2003 and then has been sick (but would retain his residence rights in any case).
Directive/2004/38/EC, can I ask your opinion on this? I notice that Article 7.3(a) of the Directive includes the word "temporary", as in :-

he/she is temporarily unable to work as the result of an illness or accident
Do you consider that a problem? After all 2003 is now 8 years ago.

The father had been in the UK (and presumably working) from 1995 until 2003, which is about 8 year.

I am not very familiar with the rules in place earlier, but I suspect he had (at the very start of his sickness) what amounts to permanent residence.

And, as 86ti points out, the British regs clearly allow him continued residence...

Post by **Directive/2004/38/EC** » Thu Jul 14, 2011 8:30 pm

Swadesh wrote:We applied for Permanent Residence Card, but I was very young at that time so don't know which form my dad filled in.

Yh, I should have got the citizenship, but we do not know why. Now, My Main Question Is: I want to know if I can still get "PR" with the current laws. or We will get a temporary one again, ie. 5 years or 10 years.

I will check the documents again and the final letter they sent us. And thanks for explaining the ILR and PR.

Do check the documents and the letter and let us know. What exactly does it say on your passport Residence Card vignette?

The way PR works is you either have it or you do not. It sounds very much like you have it. The only way to loose it if you do have it is to move away from the UK for more than 2 years.

If you have it, you can immediately apply for British citizenship if you want. You do not even need to get a PR card before doing the application.

Swadesh · Post by **Swadesh** » Thu Jul 14, 2011 8:56 pm

Directive/2004/38/EC wrote:
Swadesh wrote:We applied for Permanent Residence Card, but I was very young at that time so don't know which form my dad filled in.

Yh, I should have got the citizenship, but we do not know why. Now, My Main Question Is: I want to know if I can still get "PR" with the current laws. or We will get a temporary one again, ie. 5 years or 10 years.

I will check the documents again and the final letter they sent us. And thanks for explaining the ILR and PR.
Do check the documents and the letter and let us know. What exactly does it say on your passport Residence Card vignette?

The way PR works is you either have it or you do not. It sounds very much like you have it. The only way to loose it if you do have it is to move away from the UK for more than 2 years.

If you have it, you can immediately apply for British citizenship if you want. You do not even need to get a PR card before doing the application.

Hello, Here is the residence card which I have scanned from the passport. I have removed the personal details but rest is all there.

Letter We Recieved

Regards
Swadesh

Post by **Directive/2004/38/EC** » Thu Jul 14, 2011 9:10 pm

Do you have a copy of the application for that was sent in 2009 for you? What is the name of the UKBA form used for the application?

Swadesh · Post by **Swadesh** » Thu Jul 14, 2011 9:12 pm

Directive/2004/38/EC wrote:Do you have a copy of the application for that was sent in 2009 for you? What is the name of the UKBA form used for the application?

I have no idea about which form it was... and @ that time I was just 16 and had no clues on legal documents.

I have uploaded two scans above, did you see them?

Even though, I will try to ask my dad if he has copy of the form.

Regards
Swadesh

Post by **Directive/2004/38/EC** » Thu Jul 14, 2011 9:23 pm

I did see them. And you definitely have a Residence Card.

I am wondering if you have that because that is what you applied for, which I suspect is the case. Did your parents keep a copy of the form when they submitted it?

In any case, I think you already have PR. You can apply for a PR card if you want.

Or you can just apply for your British citizenship directly.

I would tend personally to apply for the PR card first, since that is free and it clears the air of that issue. If you get it, then apply for citizenship right away, which is an expensive application. In the mean time you can jump through the "life in the UK" hoops...

I would also suggest you get your SAR from UKBA. http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ That will give you some of the history from when you were smaller.

Swadesh · Post by **Swadesh** » Thu Jul 14, 2011 9:29 pm

Directive/2004/38/EC wrote:I did see them. And you definitely have a Residence Card.

I am wondering if you have that because that is what you applied for, which I suspect is the case. Did your parents keep a copy of the form when they submitted it?

In any case, I think you already have PR. You can apply for a PR card if you want.

Or you can just apply for your British citizenship directly.

I would tend personally to apply for the PR card first, since that is free and it clears the air of that issue. If you get it, then apply for citizenship right away, which is an expensive application. In the mean time you can jump through the "life in the UK" hoops...

I would also suggest you get your SAR from UKBA. http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ That will give you some of the history from when you were smaller.

Hello, which form would I require for Permanent Residence and do I have to give Life in the UK test for this?

Regards
Swadesh

Post by **Directive/2004/38/EC** » Thu Jul 14, 2011 9:32 pm

Sorry I should not have confused things together.

To apply for a PR card you would use form EEA4. See http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

"Life in the UK" is ONLY needed if you in the future decide to apply for British citizenship.

Swadesh · Post by **Swadesh** » Thu Jul 14, 2011 10:33 pm

Directive/2004/38/EC wrote:Sorry I should not have confused things together.

To apply for a PR card you would use form EEA4. See http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

"Life in the UK" is ONLY needed if you in the future decide to apply for British citizenship.

Thanks, Directive/2004/38/EC and John For All The Explanations Above.

I will fill out the EEA4 form as soon as I get my mothers and fathers passport from the Student Finance Department.

Will let you know about the progresses I make...

Regards
Thanks

Post by **Directive/2004/38/EC** » Fri Jul 15, 2011 1:43 am

Swadesh wrote:as soon as I get my mothers and fathers passport from the Student Finance Department

Please can you explain this to me?

Swadesh · Post by **Swadesh** » Fri Jul 15, 2011 8:55 am

Directive/2004/38/EC wrote:
Swadesh wrote:as soon as I get my mothers and fathers passport from the Student Finance Department
Please can you explain this to me?

This is because I am going university and they asked for the EEA family members passport to authenticate.

Regards
Swadesh

Post by **Directive/2004/38/EC** » Fri Jul 15, 2011 11:31 am

They were not happy with your Residence Card alone? And they needed both your parent's passports? Wow!

Is there a link to their documents policy on their web site?

Post by **Greenie** » Fri Jul 15, 2011 11:47 am

Directive/2004/38/EC wrote:They were not happy with your Residence Card alone? And they needed both your parent's passports? Wow!

Is there a link to their documents policy on their web site?

they are assessing the student's eligibility for funding/home fees and therefore may need the parent's passports and other evidence of their financial circumstances.
http://www.direct.gov.uk/en/EducationAn ... /DG_186107

I think OP may come into some difficulty with student finance england here, as he doesnt have a permanent residence card, and therefore to qualify for a maintenance grant/loan as the family member of an EU member SFE may expect him to show that the EU member is working, which he is not. I therefore think applying for confirmation that he has PR is going to be important otherwise he may be refused student funding. He could try to provide evidence to SFE that he has PR but as you can imagine, they get rather confused with such matters.

http://www.ukcisa.org.uk/student/info_s ... and.php#eu

Post by **Directive/2004/38/EC** » Fri Jul 15, 2011 12:10 pm

Greenie wrote:they are assessing the student's eligibility for funding/home fees and therefore may need the parent's passports and other evidence of their financial circumstances.

The parent's passport only proves the parent's identity and citizenship - nothing more. And that is in no way relevant for funding/home fees.

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Hello, I want to apply for indefinite leave to remain..?

Hello, I want to apply for indefinite leave to remain..?