ILR as spouse of EU citizen possible?

[sunshine23]

Hello all

I was wondering if I will be able to apply for ILR on basis of being a spouse of a EU citizen and living in UK for 2 years . I know the rules have changed , but I think I belong to the old rules.

We were married in july 2011 and got it registered in a registrar office with a marriage certificate.

I have applied for EU family permit and got it in May 2012. So i think I qualify for old rules of 2 years.

Now can i apply for ILR on this basis in july 2013? ( 2 years completed ).

Please note that my visa was changed from tier 1 to EEA2 family permit on may 2012.

Could anybody confirm I can apply on this basis please?

Many thanks!

[fysicus]

Why would you want to do this? A lot of stress and a hefty application fee.

With your current Residence Card there are no restrictions on your activities in the UK, except that an early divorce may have some unpleasant side-effects.

Just live happy together with your spouse, get PR (EEA4) in 2016 free of charge, etc.

[sunshine23]

Why would you want to do this? A lot of stress and a hefty application fee.

With your current Residence Card there are no restrictions on your activities in the UK, except that an early divorce may have some unpleasant side-effects.

Just live happy together with your spouse, get PR (EEA4) in 2016 free of charge, etc.

Thaks for your reply !

There is a strong reason for me in doing this.

I would like to get a British passport as soon as possible so that I can live and work in Germany in future if we decided to move to Germany.

Germany's immigration laws are so complex it is almost impossible for me to live there according to their laws.

Moreover I am fed up of applying for visas all the time and would like to travel to more countries without a visa as we like to travel a lot.

The strongest reason is that we are considering moving to Germany in future.

[Jambo]

2 years ILR only applies to people under the (old) immigration rules. People under the EEA regulations obtain PR after 5 years of residence under the regulations. This has always been the case for applicants under the EEA regulations.

With regards to moving to Germany, then the German national rules might be complex but if you are married to EEA national, then the EU free movement directive applies and those rules are very simple. As long as you move together and your partner is exercising treaty rights in the country, you are allowed to live and work in the country.

[Obie]

I believe the quickest and shortest answer to your question is that you are not qualified. You are entirely outside the scope of immigration rules.

There is no inducation from your post that your wife is a settled person or someone with a right of PR. You never applied on this basis, even if she was qualified.

Your time as EU spouse cannot be counted as leave to remain obtained under the Immigration rules as a partner of a settled person or British Citizen.

You could travel to Germany with your British residence Card, if you are in the company of your wife. You could also relocate to Germany permanently under EU law even if your wife is a German Citizen.

If you choose to remain in the UK, the earliest time you qualify for PR is July 2016 or when you have accrued 10 years of lawful residence in the UK. Whichever is shorter.

[sunshine23]

2 years ILR only applies to people under the (old) immigration rules. People under the EEA regulations obtain PR after 5 years of residence under the regulations. This has always been the case for applicants under the EEA regulations.

With regards to moving to Germany, then the German national rules might be complex but if you are married to EEA national, then the EU free movement directive applies and those rules are very simple. As long as you move together and your partner is exercising treaty rights in the country, you are allowed to live and work in the country.

Thanks for your answer . But EU rules states that the EU citizen must be excercising EU rights in "another EU country". I think this means that a German citizen cannot excercise EU rights in Germany. I am i correct ?

What is the meaning of "another EU country" in EU laws.

My wife is a German citizen.

[Jambo]

You are correct. Normally a citizen can't exercise treaty rights in the his home country.

However, there bas been a case law back in 1992 (Surinder Singh) which allows EU national to use the directive if they return to their home country after exercising their treaty rights in another EEA state. So if your wife is working in the UK, both of you can return to Germany under the directive.

See more http://eumovement.wordpress.com/2007/04 ... ional-law/

[fysicus]

I think this means that a German citizen cannot excercise EU rights in Germany.

That is in general correct, but there is a very important exception and it also applies to your case, as Obie already mentioned briefly.

Once an EU citizen has exercised treaty rights in another member state (UK in your case) for a reasonable time (six months is usually considered to be on the safe side, although there is not a fixed minimum in the EU rules), they and their family members are also covered by the EU rules when they return to the country of origin (Germany in your case).

So you and your wife can move to Germany at any time you want from now on, and you should have no problems regarding right of residence or right to work there.

[sunshine23]

I think this means that a German citizen cannot excercise EU rights in Germany.

That is in general correct, but there is a very important exception and it also applies to your case, as Obie already mentioned briefly.

Once an EU citizen has exercised treaty rights in another member state (UK in your case) for a reasonable time (six months is usually considered to be on the safe side, although there is not a fixed minimum in the EU rules), they and their family members are also covered by the EU rules when they return to the country of origin (Germany in your case).

So you and your wife can move to Germany at any time you want from now on, and you should have no problems regarding right of residence or right to work there.

Thank you all for clarifying my doubts . It is good to know that we can at least move to Germany at our will.