14 year ILR application - Croatian national

nbdy679 · Post by **nbdy679** » Tue Feb 12, 2013 12:59 am

Hi

I have just discovered that the 14 year rule changed last year and i am now in a panic about what to do! I have completed 14 years in Nov 2012 ( 5 years on student visa + 9 years overstay) and was planning to send my application this month. Is there any chance they would still accept it?

I am a Croatian national and as you may know Croatia will join the EU on the 1. July this year. Is this going to change my situation in any way?

Hope someone can help!

Post by **vinny** » Tue Feb 12, 2013 1:45 am

Applying under Long Residencemay be a waste of time and money.

nbdy679 wrote:I am a Croatian national and as you may know Croatia will join the EU on the 1. July this year. Is this going to change my situation in any way?

Probably your best option is to wait until July.

nbdy679 · Post by **nbdy679** » Tue Feb 12, 2013 10:48 am

Thanks vinny, i have a huge pile of documents ready to be sent with my application, it took time to gather all the evidence they would need etc. and i have a very strong case to finally get IRL. I am devastated they removed the 14 year option only a few months before i could send my application!

I have been in a relationship with a British national for 10 years now , and we are wondering if there is any way to obtain IRL based on this relationship?

Regarding Croatia joining EU - if i wait it out until the 1st July, how would this change my current status in the UK? When i apply for a new passport in Croatian Embassy (my current pp expired in 2008) would i be able to stay here as a free person or would i still need to contact Immigration to "clear" my overstay status? Any thoughts on this please? Thank you

nbdy679 · Post by **nbdy679** » Wed Feb 13, 2013 12:56 pm

Anyone please?

Post by **vinny** » Wed Feb 13, 2013 1:07 pm

See also Croatia Accession.

nbdy679 · Post by **nbdy679** » Wed Feb 13, 2013 1:14 pm

Thanks vinny, i already read through this document, but it doesn't answer my questions considering my current status. I understand there won't be any restrictions for Croatian nationals coming to the UK but what about overstayers?

Post by **Obie** » Wed Feb 13, 2013 3:40 pm

You will be subjected to the Transitional Restriction.

You do not qualify under the 14 years rule, as that rule has been abolished.

You will most likely not be able to benefit from Crotia accession straightaway.

wiggsy · Post by **wiggsy** » Wed Feb 13, 2013 3:48 pm

dont you benefit from the 10 year family life route? - not sure how it applies in general though...

also ILR would be better now, even if you get PR its still five years time on EEA process...

nbdy679 · Post by **nbdy679** » Wed Feb 13, 2013 5:13 pm

Obie wrote:You will be subjected to the Transitional Restriction.

You do not qualify under the 14 years rule, as that rule has been abolished.

You will most likely not be able to benefit from Crotia accession straightaway.

Obie, i understand they removed the 14 year option, and was wondering if there is any other way to get ILR based on my long term relationship with a British national.

What concerns me now is your statement that i would not benefit from Croatia joining EU straight away, could you explain this in more details please?

nbdy679 · Post by **nbdy679** » Wed Feb 13, 2013 5:16 pm

wiggsy wrote:dont you benefit from the 10 year family life route? - not sure how it applies in general though...

also ILR would be better now, even if you get PR its still five years time on EEA process...

wiggsy, i can't go the 10 year route as i only have 5 years of lawful stay and 9 years of unlawful

Btw, what does PR stand for?

Post by **Obie** » Wed Feb 13, 2013 5:40 pm

Well if you are married or in unmarried partner relationship, then you will be able to secure work rights immediately, however , PR cannot be obtained until after 5 years, as you have been living unlawfully in the UK, all through this period.

nbdy679 · Post by **nbdy679** » Wed Feb 13, 2013 6:16 pm

Obie wrote:Well if you are married or in unmarried partner relationship, then you will be able to secure work rights immediately, however , PR cannot be obtained until after 5 years, as you have been living unlawfully in the UK, all through this period.

The work does not concern me at the moment, the only thing i am trying to find out is what happens to Cro-overstayers when Croatia joins the EU. Any thoughts on that?

Post by **Obie** » Wed Feb 13, 2013 6:21 pm

They will be subject to Transitional Restriction, but are coverd by all other aspect of the EEA regulations, in regards to qualified, save for the right to enter the UK labour force.

National of these state in your situation will be entitled to obtain Permanent Right of Residence after 5 years of Exercising treaty right.

You will not be required to live.

nbdy679 · Post by **nbdy679** » Wed Feb 13, 2013 7:52 pm

Obie wrote: You will not be required to live.

I hope you meant "to leave"

lol
Thank you Obie for your quick replies! It made me feel better, i hope it all turns out positive...

Post by **Obie** » Wed Feb 13, 2013 8:07 pm

Thanks for that. Yes i meant leave. These idiot phones dont make you think what you write sometimes.

Best of luck.

Post by **vinny** » Thu Feb 14, 2013 3:50 am

Over active spell checker?

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14 year ILR application - Croatian national

14 year ILR application - Croatian national

Re: 14 year ILR application - Croatian national