ILR UK Application

[nolascomix]

Hi

I would like to know if I could get an indefinite leave to remain in the UK. I am providing all information and process I have done so far including some details of my marriage and countries we lived in the past 5 years.

I am a Brazilian citizen and have born in Brazil, I was living in Barcelona when I met my wife who has born in Bristol – UK.

Marf and I first met in July 2011 in Barcelona and since then we began our relationship. In March 2012 we started to live at the same flat and decided to get marry. We therefore married on the 8th of June 2012 in Montgat – Spain and in November 2012 my Spanish residence was issued. However, in March 2013 we both moved together to Dublin – Ireland.

In the middle of March 2013 we rented a flat and April 2013 my Irish residence was issued. We lived in Ireland until the 27th of November 2014. Afterwards Martha and I moved to the UK where we have been living since then. Nevertheless, we applied for my UK visa in Ireland in September 2014 and it had been issued on the 20th of November 2014. I was given UK Entry Clearance, EEA FP: Family Member visa to join my wife.

In April of 2015 I applied for Residence Card of a Family member, as my previous visa was valid for 6 moths only. So on the 20th of September 2015 I got my passport back with my Residence on it, which is valid until the 2nd of September 2020.

Marf and I have been married and living together since 2012, we have been married for over 4 years and we have proof of it. Can I apply for an indefinite leave to remain “Permanent Residence in the UK”? what advise could you give me on it? If you need any further information, please don’t hesitate to contact me.

Thank you in advance.

Looking forward to hearing back from you,


Best regards,
Rafa

[Casa]

You didn't apply for a UK visa, you applied for a Family Permit under EEA regulations. You will need 5 years of residence in the UK before qualifying for Permanent Residence (PR not ILR).

[nolascomix]

Yes, you're right! However, she's a British citizen, doesn't it help? Have a look below;

Granting leave to enter
All passengers who have an entry clearance endorsed "Spouse/ CP" should be granted leave to enter for a period not exceeding 27 months on Code 1 and advised that, provided the marriage is still subsisting, they should apply to the UK Border Agency for indefinite leave to remain not earlier than 28 days before their leave is due to expire.
Only spouses who have completed a period of four years as the husband/wife of a person who has (at the time of decision on the entry clearance application) a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and who is on the same occasion seeking admission to the United Kingdom for the purposes of settlement, having lived together abroad with their spouse throughout that four year period, should be issued with an entry clearance endorsed "Settlement Spouse/ CP" These endorsements are rare.
Spouses in possession of an entry clearance endorsed "Settlement Spouse/ CP" should be granted indefinite leave to enter.
2.7 Knowledge of Life (KOL)
Spouses applying for indefinite leave to enter who have completed 4 years as
the husband/wife of a person who is present and settled in the United
6
April 2013 CH8 – Family Members, Sect1 – Spouses (General)
2.8
Kingdom, or who is on the same occasion being admitted for settlement, will (unless aged under 18 or aged 65 or over) need to fulfil the knowledge of life and language in the UK requirement in order to satisfy paragraph 281(i)(b)(ii).
If a person meets the requirement in paragraph 281(i)(b)(i) in having completed a period of 4 years as the husband/wife of the sponsor, and having lived together outside the United Kingdom during that period, but does not meet the knowledge of life requirement, they will be admitted for an initial period not exceeding 27 months. They will be able to apply for indefinite leave as soon as they meet the knowledge of life requirement. They will not need to complete two years probationary leave in this category in the UK before applying for indefinite leave.
These applicants should be issued with an entry clearance endorsed "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1”.
This route ceased to exist on 9 July 2012, although those who were granted limited leave as above can make further applications for leave under Part 8 of the Rules.

[CR001]

You are not on a visa under the UK Immigration route. You are on the EU route. You need 5 years residence in the UK before you can apply for PR (permanent residence).

[Casa]

1. You don't have a UK visa Spouse/CP. You have an EEA Resident Card issued under EEA Regulations, not UK Immigration Rules
2. You've posted out-of-date UKBA information pre-July 2012 when the '4 year concession was removed.
The UKBA was disbanded in March 2013 and superceded by the UKVI in April 2013.

Edit: Beaten this time by CR001.

[nolascomix]

So there's nothing I can do, is there?

[Casa]

So there's nothing I can do, is there?

Sorry nope! Just stick it out until you've completed your 5 years. Look on the bright side and think about how many thousands you've saved by using the Surinder Singh route.

[nolascomix]

I know you mean, but the problem is I can't show stability for employers, for example; some jobs
I applied for, my application was declined due to my current visa. Literally It's a shame I can't change it But thanks for your advice anyway

[Casa]

I know you mean, but the problem is I can't show stability for employers, for example; some jobs
I applied for, my application was declined due to my current visa. Literally It's a shame I can't change it But thanks for your advice anyway

Why won't employers accept a 5 year Residence Card? (forget 'visa' by the way, it's a permit).

[nolascomix]

The best companies which I was contact for, they requested ILR or EU passport. The fact that I am married doesn't show stability as I said before, it is because I am a dependented of my wife. It means if her or me get divorce my circumstances would change in the UK, also it has a valid date on my permit that doesn't sound good for employers. Do you know what I mean?

[Casa]

I do understand. If you were to divorce after you could apply for ROR but employers are unlikely to appreciate this.