ILR application (8 years as student + 3 yrs EEA Fami. member

[nicky01]

Dear all,
I have been on student visa for 8 years and during these 8 years I have successfully extended my visa without any refusal. In my eighth year, I married EU citizen and applied for EEA family member. I have been given 5 years residence card under EEA. Currently, it's been now 12 years I have been legally in UK.
I would like to apply for ILR. I would appreciate if you guys can give me some helpful advise whether I can go On 10 years long residence grounds for ILR or should I wait until 28 days before the 5 years residence card under EEA expires.

[CR001]

Yes you can apply for ILR based on 10 years long residence. Substantially more expensive than waiting on the EU route for Permanent Residence though (currently £1875 for postal ILR or £2375 for ILR in person versus £65 for PR after 5 years on your EEA residence card).

To qualify for ILR based on long residence with time spent as EEA FM, you have provide substantial documentation to prove your EU spouse was a qualified person exercising treaty rights (payslips, P60's, bank statements, etc etc).

Form Set (LR) (click)

Set (LR) Guidance Notes (Click)

[nicky01]

Thanks again for your reply.
I have full-time job.
What if she's not working but she's getting housing benefit in her name only.
We have a child together but she's has not been awarded Child benefit application made only in her name because she's not working and not claiming JSA
Will this affects my ILR application on either route 10 years or route EEA as family member?
what action do we have to take?

[CR001]

Has she worked at all in the UK?

How long has she been unemployed?

Your working is not relevant as you cannot exercise treaty rights, the EU citizen has to do this to be a qualified person.

[nicky01]

about 3 years that she's not working.
I wanted to claim the child benefit by mylsef. I know if I do apply I will be awarded but didn't as I did not want it to affect my future ILR application

[CR001]

If your spouse is not exercising treaty rights, you will have a problem using this towards ILR and also if you apply for PR after 5years.

Your wife is your sponsor, SHE has to be a qualified person.

Does she have comprehensive sickness insurance or a foreign issued EHIC card that is valid? This would need to cover the whole period she has not worked.

[noajthan]

about 3 years that she's not working.
I wanted to claim the child benefit by mylsef. I know if I do apply I will be awarded but didn't as I did not want it to affect my future ILR application

Note: a RC is not a visa. It is not automatically valid for 5 years.
It only confirms your rights on the basis that the sponsor is a qualified person who is exercising treaty rights (or already has settled status, eg PR).

If sponsor/spouse is no longer exercising treaty rights in UK (and has not already acquired PR status) then both the sponsor (wife) and family dependent (you) may no longer have any basis to reside and work (or study) in UK.

At the moment you appear to have a big hole in any application for LR or for confirmation of PR which will at the very least delay any ambitions you may have for the privilege of citizenship.
That should be a concern and would be worth addressing, especially in the current climate vis a vis Europe.

[nicky01]

Many thanks again guys for your responses
In case she starts woking let's say for example next week.
Do you think she could now a qualified person who is exercising treaty rights (or already has settled status, eg PR) with the fact that she's working which could eventually help me when applying for ILR?

Thanks in advance for your reply

[CR001]

She won't have settled/PR status. This is only acquired AFTER 5 years of being a qualified person and exercising treaty rights continuously.

It does not apply retrospectively.

For your ILR, how will you demonstrate that she is/was a qualified person for the period you are claiming status of EU citizen?

[nicky01]

Thanks again
She came to the Uk since 2011 and did work throughout 2013 and then stopped from 2014 till now.
fingers crossed she does get the job after her interview.

After your explanation, Nothing really can be done for my ILR application to demonstrate she's a qualified person who is exercising treaty rights.

[nicky01]

11 years (9 years students plus 2 yrs as EEA family member) that I have been in the UK.
My current visa i.e EEA residence carte is expiring in 2019. If I do wait till 2019 before applying for EEA(PR), I will be staying in the UK 14 years.
Could you please help
I am wondering if i can get advice regarding my earliest application dates based on '28 days before qualifying period'.
N.B: my 28 days before qualifying 10 years period was passed already more than a year ago
Should I be preparing 10 years long residence application now?
Should I wait 28 days before the current EEA family member residence card expires?
What are the most important documents I should have?

[nicky01]

Hi Guys
Does Home Office provide number of days of absence if requested? I have all my passport but I really dont want to make a mistake.
Any link please?
is it true that no more than 540 days of absence in ILR 10 years route? any link?
thanks in advance

[vinny]

M.

[vinny]

Did you all have CSIC while she was not working?

[noajthan]

11 years (9 years students plus 2 yrs as EEA family member) that I have been in the UK.
My current visa i.e EEA residence carte is expiring in 2019. If I do wait till 2019 before applying for EEA(PR), I will be staying in the UK 14 years.

...

The date and expiry of your RC are irrelevant.

If wife is your sponsor and not currently exercising any treaty rights then both your positions in UK are unclear.

if spouse/sponsor gets a job this year (and maintains qualified person status, continuously) then you and she may acquire PR in 5 years time (if following the EU route);
(so maybe PR acquired by 2021, not 2019).

[nicky01]

Comprehensive Sickness Insurance where can she apply and get it from specially the one accepted by the home office
myself do not need it.