Indefinate Leave to Remain (ILR)

[Graham Weifang]

Hi all,

Just a little "Forward Thinking"

I husband = UK citizen
Her Non EU citizen.

We got married in 2012.
We got EEA-FP UK entry clearance back in October 2013, while in France/Germany.
Then in December 2013, after we arrived in UK, and settled into our new house, we sent off the "EEA2" application form, with documents, and of course, "The £55.00"

So assuming all runs to plan, and in a few months, my non-EU wife gets her UK Residence card.
Already received "Confirmation of Application, followed by Certificate of Application" with right to work.

Now I understand that a period of 5 years should elapse, (Where she does not vacate UK for longer than 6 months in any 1 of them 5 years)

Is this where she applies for Indefinate Leave to Remain, or is it by doing things the EEA-FP- Surinder Singh Route, Indefinate Leave to Remain is automatic?.

Is British Citizenship applied for after Indefinite Leave to Remain.

I did have in my mind, that some where way back, I read that "If couples have been living together, either married, or "as married" then the time scale is shorter????

I am confused as you can no doubt tell.

GW

[Jambo]

ILR is under the UK immigration rules. When you are under the EEA Regulations you obtain PR.

See Q5 in EEA FAQs - Common Questions - Read before posting - Surinder Sing.

Although the residential requirements for naturalisation as a spouse of BC are only 3 years. Naturalisation requires ILR/PR which is only obtained after 5 years (in the past, under some categories ILR was obtained earlier).

[Graham Weifang]

Thank you Jambo

So I understand about ILR v PR , it's a bit more clear now.

Further to that, does that mean that because my non-EEA wife entered UK with me, via SS route, that she can apply for naturalisation (British citizenship), after 3 years,... but it still takes the 5 years, as she needs PR before she can apply for BC ?

GW

[Jambo]

To be precise it's - as she is your wife, she can apply for BC after 3 years of residence but because you entered under SS, it will take 5 years as she needs PR.
you shouldn't feel that this was a wrong decision as under the new spouse rules from 2012, spouse visa also takes 5 years for ILR (it used to be only 2), so all routes now require 5 years even though that when applying for naturalisation, only the last 3 years counts (in term of meeting the residence requirements).