coming to end of work permit - IDLR or EEA family permit?

[ozmattress]

Hi, am after some general advice on my situation. I'm living in the UK and have been here over 5 years (1 yr working holiday + 4.5 years of a 5 yr work permit). 3 years ago I married my wife in Sweden (she's Swedish) and we now have 2 children. The kids have Swedish passports but will get Australian citizenship in time. My wife has lived and worked in the UK for 8 years.

We would like to stay, but the only issue is my status. It would appear the options are I can apply for IDLR next year, 1 month before my work permit runs out, or I can apply for the EEA family permit through my wife. Putting aside the different fees, what would be the best way to go? We are planning on staying 10+ years. We'd also like to buy a house once my new visa is sorted, so not sure if either visa would have an effect either way?

Last question - if i applied for the EEA family permit, do I need to leave the UK? The UKBA website is unclear on the subject.

Thanks for your help!

matt

[Kitty]

Your options:

ILR as and when you qualify. If you are eligible next year then it seems that this is the quickest route to a permanent right to live in the UK.

However, even if your ILR application is refused, you have an on-going right to live and work in the UK as the family member (spouse) of an EEA national. Your wife has probably already got a right of Permanent Residence, and you will acquire PR after 5 years of living here as her spouse (so probably in 2 years' time).

Applying for ILR is pricey. Applying for confirmation of PR is free.

You don't need to leave the UK to apply for a Family Permit: you would apply for a Residence Card as the family member of an EEA national (also free) and then for confirmation of PR.

It's not compulspory to apply for any of the European documentation, but you will in all likelihood need to prove your right to work to your employer.