HELP ME PLEASE

[Kwesi123]

I'm a non EU family member of an European national. My residence stamp will be 5 years in November when I can apply for Indefinite Leave to Remain but I no longer live with my EU family though she's still in the UK. I have however gone to uni within this 5 years and have been employed full-time since after. Question is, can I apply for 'indefinite' in my own right now without my EU family sponsor? (she doesn't seem to be willing to assist me anymore - family feud)

[Obie]

You will need evidence that you have been residing with the EU national for a period of 5years in accordance with the EEA Regulations for you to qualify for PR.
You require her support to proceed.

[john987]

Obi is i am right here to say that it does not matter that you living with your spouse together in eea case only that matter eea spouse should be exercising the treaty.

[john987]

because you put in your post that he should be with his wife for whole 5 years.i think thats not right.

[Obie]

Well i was not suggesting they have to live in the same house,as that will certainly be wrong in law. I was simply stating they both have to be residing in the UK in accordance with the EEA regulations for 5year. I apologise if i did not make it clear enough, but i never meant they have to live in same household.

[spike_UK]

Well i was not suggesting they have to live in the same house,as that will certainly be wrong in law. I was simply stating they both have to be residing in the UK in accordance with the EEA regulations for 5year. I apologise if i did not make it clear enough, but i never meant they have to live in same household.

HI Obie, john987 point was that it's not enough just living together but the EEA suppose to exercise the treaty right, which im agree with him.

[john987]

you can aply for pr by your own you just need to have your eea spouse 5 year p60 or anykind of proof that she was exercising treaty here in anyway.and what you do in this 5 year its not important, its important only if you had divorce from your spouse so you need to make sure your eea spouse provide you her id and paper for proof that she was doing something in uk and if she dont want to do so make her condition that you will go to court and ask to facilitate with her docs.try to convince her personally.best of luck

[Obie]

Well i was not suggesting they have to live in the same house,as that will certainly be wrong in law. I was simply stating they both have to be residing in the UK in accordance with the EEA regulations for 5year. I apologise if i did not make it clear enough, but i never meant they have to live in same household.

HI Obie, john987 point was that it's not enough just living together but the EEA suppose to exercise the treaty right, which im agree with him.

I believe residing in the UK for 5 years in accordance with the EEA regulations actually means residing in the UK as a family member of a qualified person or someone with the right of Permanent residence. Therefore i seem to have stated that condition from the outset.

I was reacting to his second consecutive post and not the first. The first seems okay. The second seems to be misquoting me.

[Kwesi123]

I'm really not clear, please explain. The original enquiry is below.

I'm a non EU family member of an European national. My residence stamp will be 5 years in November when I expect to apply for Indefinite Leave to Remain but I no longer live with my EU family though she's still in the UK. I have however gone to uni within this 5 years and have been employed full-time after that (salary is £50k circa).

Question is, can I apply for 'ILR' in my own right now without my EU family sponsor at the end of the 5 years?

[EUsmileWEallsmile]

I'm really not clear, please explain. The original enquiry is below.

I'm a non EU family member of an European national. My residence stamp will be 5 years in November when I expect to apply for Indefinite Leave to Remain but I no longer live with my EU family though she's still in the UK. I have however gone to uni within this 5 years and have been employed full-time after that (salary is £50k circa).

Question is, can I apply for 'ILR' in my own right now without my EU family sponsor at the end of the 5 years?

You really need to familarise yourself with the directive 2004/28/EC and article 13 in particular. If having read it you are still unsure, by all means post back.

[Kwesi123]

To be honest this 2004/28/EC is a bogus document which doesn't address my primary concern. My question is quite simple: Can one apply in their own right after holding a residence stamp for 5 years without their EEC sponsor?

[Obie]

The Directive is not a bogus document. It is the basis of your stay in the UK.

Your question has been answered in the negative from the outset.

I have stated that irrespective of the circumstance, you will need evidence from your EEA parner or spouse , or ex, as the case may be, to qualify.

[anp]

To be honest this 2004/28/EC is a bogus document which doesn't address my primary concern. My question is quite simple: Can one apply in their own right after holding a residence stamp for 5 years without their EEC sponsor?

The answer is NO, as previously indicated.

[jovon]

Hi all am in the same situation my mum is my eea sponsor and am due my PR in January 2013 but the problem is that have not lived with her for 2years now dont know if this would be a problem when applying for my PR cos I hear I need to live with her continuosly for 5 hrs.is this right

[jovon]

Please any help

[EUsmileWEallsmile]

Hi all am in the same situation my mum is my eea sponsor and am due my PR in January 2013 but the problem is that have not lived with her for 2years now dont know if this would be a problem when applying for my PR cos I hear I need to live with her continuosly for 5 hrs.is this right

Sometimes it can be better to start one's own thread. If you do so, please briefly explain your circumstances and what you'd like to know.

Your age will be important so make sure you state that.