ILR as EEA national acquired prior to 2006

[daffeus]

Hi,

I am going to apply for British citizenship. I am a Dutch national who has lived in the UK since 1997 and is married to a Brit.

In 2002 I applied and received a Residence Permit for a national of a member state of the EEC. In 2003 I had this residence permit and my passport endorsed with a stamp saying 'There is at present no time limit on the holder's stay in the United Kingdom' with a date of this endorsement (no expiry date).

Since then my Residence permit card and passport have expired so I called the home office today and get conflicting information.

1) I have to renew my permanent residence document as it is expired and can do so by applying for a permanent residence card and go for the option to renew it which really then only asks me to give all the dates I have been outside of the UK since it was given to me. Bit of a pain to think of those dates since 2003, but that can be done and I guess it is too proof I have not been out of the UK for more than 2 years.

2) I do not have to go through this renewal as I am also still in possession of my old passport with this stamp and even though the passport is expired actually the visa to stay indefinite hasn't. I wonder still having the passport is the loophole as it does say that any visa's in an expired EU passport stay valid compared to those in an outside of the EU passport which need to be in a valid passport.

I would really like to just apply and not go through the whole months of sorting out ILR as I have done that once before, but I do not want to sent off my AN form to apply for citizenship and have this delayed or even worse declined and my hefty fee kept and not refunded. I would be told to first get a permanent resident document and re-apply (and pay?). Please I need some advise as unfortunately the HO is changing the rules per phone conversation?

[noajthan]

Why not request SAR from UKVI - see what it may say about your status:
https://www.gov.uk/government/publicati ... mmigration