eligibility for ILR

[ran]

Hiya All,

Have a query re: ILR eligibility. I apologize b4hand for a bit of a long post.

My wife (dutch) and me (Indian) have been married for almost 13 months now and have been in UK for all of that time. My wife will be eligible for permanent residency under the 5 year rule in 2010 as she has been staying here since Aug 2005 and exercising her treaty rights as a student. (I have been in the country for over 6 years now as a student and then working visa) We applied for EEA1 and EEA2 this year and were successfull in our applications.

My query is can I apply for ILR through SET(M) in 2010 based on the fact - that by that time my wife will be a permanent resident and we will have completed 3 years of residence in UK as a married couple.

I was reading up the SET(M) guidelines and it seems like to apply for ILR under this scheme one has to complete 2 years leave to enter as a married couple as per
" One of the requirements is that you have to complete 2
years’ leave to enter or remain as the partner of the per-
son named in your application. If you entered the UK with
a visa as a partner, the 2-year period to be completed
runs from the date on which you entered the UK in this
capacity - see part 5 for more about this."

Also does my wife need to apply for permanent residency formally through EEA3 for the above? As far as my understanding goes she gets her permanent residency automatically and doesn't need to apply through EEA3.

I know its probably too early to start worrying about ILR but considering the ridiculous amount of time it took for HO to endorse my EEA2 residence card and from the experiences of people awaiting a decision on their EEA4 I would rather pay and get my ILR sooner!

Oh! And also in August 2012 I will be completing 10 years in UK. Will I be eligible for ILR under the 10 year rule then (in case the SET(M) option does not work out). I was on a student visa from aug'02 - oct'04, HSMP from may'04 - may'08 and now am on EEA2 valid from sep'08 - sep'13. The gap in 2008 should not be an issue as I had applied for EEA2 in feb'08 and had my COA by march end 2008.

Thanks for all the help I had recieved from folk re my EEA2 application. Good luck to those waiting for it.

Regards,
ran

[vinny]

Unfortunately, under European law, you do not have leave to enter/remain and therefore cannot switch to FLR(M) (286) nor SET(M) (289).

EE3 provides confirmation of permanent residence.

Permanent residence

After you have lived in the United Kingdom for a continuous period of five years you can apply for confirmation of your permanent residence. You will need to have been living in the United Kingdom and in employment, self-employment, studying or self-sufficient throughout the five-year period.

As a discretion, and subject to the KOL requirements, applying for SET(O) (276A-276D) under Long residence (2.2.3) may be possible.

[CJPM]

Hello Everyone ,
we are Non Eu citizen
I have question related Tier 2 dependent eligibility for ILR

My wife - Tier 2 Dep visa and (12/11/2012 to 2/10/2015)
my self on Tier 2- general (3/9/2012 to 2/10/2015)

if we plan a child and my wife would go outside UK for her pregnancy , let say 10 months during year 2014.
does this will be consider as a break for dependent and or will it be count in 5 year duration during ILR application