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EEA2 and ILR

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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patson1980
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Joined: Thu Oct 20, 2011 12:19 pm

EEA2 and ILR

Post by patson1980 » Thu Oct 20, 2011 1:53 pm

Next year i will be in UK for 10 years lawfuly residence.
I spend 8 year througha combination of student visa and Tier1 post study. and 2 years with a EEA2 family member. currently hold a EEA2 family member.

Can I apply the Indefinitly leave to remain on the basis of 10 years continuous lawful residence? do i need my wife documentation for that? please help
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mcovet
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Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Re: EEA2 and ILR

Post by mcovet » Thu Oct 20, 2011 5:21 pm

patson1980 wrote:Next year i will be in UK for 10 years lawfuly residence.
I spend 8 year througha combination of student visa and Tier1 post study. and 2 years with a EEA2 family member. currently hold a EEA2 family member.

Can I apply the Indefinitly leave to remain on the basis of 10 years continuous lawful residence? do i need my wife documentation for that? please help
ILR is a separate route you could take, DEPENDING on the rules in force at the time when you have completed the 10 years. It is more beneficial to get the ILR next year (even though it is expensive compared to a free EEA4 application) rather than wait for another 2 years and be subject to several variables (your marriage lasting for 5 years, your wife exercising treaty rights in the UK, you guys both being resident here etc).

So, my advice- go for it next year and no, this is separate application and you will not need your wife's documents, unless the UKBA wish to check whether your wife is in the UK still exercising treaty rights at the time of your application and prior to it. So, in theory you may not need her documents but in practice they would be allowed to check your residence has been legal throughout the 10 years.
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Plum70
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Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Thu Oct 20, 2011 6:47 pm

Provided you meet the 'continuous residence' test, character test etc, seems like you can give ILR a shot next year. Time spent under the EEA route may be counted as lawful residence (based on the UKBA's definition) as per the guidance here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
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citygirl
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Posts: 10
Joined: Thu Nov 17, 2011 2:40 am

Post by citygirl » Sat Nov 19, 2011 6:10 pm

Hi, sorry to bump in your topic but I'm in a slightly similar situation: I've been here over 10 years, 5 of which were under the European track. Except that we're not married and I'm trying to break up. I know I can't just break up with him like normal couples do because my visa status is dependent on him so I need to get the legals right in order to completely break up, which is stressing me out it's exhausting. Please read my page here, any advice would be much appreciated. Thanks in advance.

http://www.immigrationboards.com/viewtopic.php?t=90362
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