From EEA to ILR Treaty rights problem

[dagock]

Hi there,
I have been advise that you could help me with a Immigration Visa enquire, so here I am

Background:

- I have been living in the UK legally for continuos 10 years and 1 month (First as Student then on PSW and then then in May 2012 I married an Spanish National and from then I have been on a EEA Family Member visa.
- I have not left the country for more than 90 days in a row.
- I have not been outside of the country for more than 420 days in total.
- I have been working on a full time basis even from before I was married and I have not stopped to do so up until today.
- I have a EEA Family Member visa until March next year 2018.
- I have a court conviction because I drove a motorbike without insurance and without L plates so I have been convicted in 2009 and was finned for £245 that has already been paid its more than 7 years ago.

Now the problem I have:

- My wife has been working for most of the time she has been in the uk and that we have been together, however at the beginning of 2014 she was getting stressed from work as well as depressed so she decided to take some time off. The total amount of time she took off was 4 months and 6 days and that time was spent in order as follows:

- 22 Days with her Family in Spain and then returned to the UK (On the time she was there I came for her birthday for 4 days).
- 2 Days in the UK after returning.
- 32 Days with my Family in South America and then returned to the UK (We went together on this trip).
- 3 Days in the UK after returning.
- 24 Days in South East Asia traveling with her friend then returned to the UK.
- 2 Days in the UK after returning.
- 8 Days in Spain visiting Family and Friends
- 1 Month in UK looking for a Job mostly trough Linked In, she has never been registered to a Job Center. Then she found a job and since then has not stopped working in the UK up until now.

Please note that during those 4 months off she was also doing a non presencial distance Diploma at Brighton University.

I have been reading the ILR as well as the EEA(PR) applications and I am trying to decide what route to take.

My concern is that in both of the applications its needed that my wife its exercising treaty rights during the time I am on EEA Family member visa, and she has this 4 months gap. I was hoping to be able to apply of ILR sometime very soon but as I was married in May 2012 I would also be able to apply for EEA in May this year.

So my question is, given all the facts and details of her stay is it worth it for me to apply for ILR or is it better to wait couple of months and apply in May when I complete my 5 years on EEA for a Permanent Residence card ?

Please note that because what matters for me more than anything else its time I am tempted to apply for ILR as the response its on the same day and neither of us will be left without passport for months.

Also our marriage has not been very steady for the last year as she its very stressed and just recently we had a conversation and she is thinking on maybe quit again her job to take some time off or its also proposing to move back to her country which its something I really do not want to do as my life its here. Given this last information I have started to think that if the gap its such a big problem maybe I am better of on divorcing and apply for right to retain as she might stop working at sometime in the next few months? But even if I do so would it be affected for that gap when I want to apply for ILR?

Hope this covers all the information needed for the advice also please let me know how you or your company could support this routes and what fees would be involved as well as likely percentages of success for each route.

Please do not hesitate contacting me should you require any further information or details

[Obie]

Y0u should be able to apply for Permanent Residence in few months if she continues to exercise treaty rights.

Long residence may be an option also.

[vinny]

If you have problems (i.e. fail) under the EEA route, then you will face these same problems (i.e. also fail) under the LR route, with the extra burden of the expensive LR fees and KoLL.

[Obie]

If you have problems (i.e. fail) under the EEA route, then you will face these same problems (i.e. also fail) under the LR route, with the extra burden of the expensive LR fees and KoLL.

Agree