Non-EEA family member: Permanent residence via EEA route or 10 Year Long Residence ILR route?

[mr3820]

I would like to ask for your advice on which of the following 2 routes is preferable for my wife to obtain permanent residence:
1) Permanent residence as an EEA family member based on 5 years of EEA family member residence card
2) Indefinite leave to remain based on 10 years of lawful residence in the UK

Details:
* My wife is a Chinese citizen.
* I am an EEA citizen (Germany).

Timeline of events:
* Sep 2007: My wife arrived in the UK based on a student visa.
* Feb 2009: I arrived in the UK. Start of relationship and marriage-like cohabitation in the same household.
* Mar 2010: Wife switches to post study work visa.
* Mar 2013: Wife switches to "Residence Card of a Family Member of an EEA National", sponsored by me. This Residence Card will expire in Mar 2018.
* Feb 2017: I have obtained a "Document Certifying Permanent Residence" (blue foldable paper document) for myself. Not really required as I am a EU citizen, but I thought it could be helpful due to Brexit.
* Jul 2017: My wife and I got married in Germany.

Since September this year, my wife has been living in the UK for 10 years, based on various types of visa categories. My understanding that she can now apply for permanent residence either via the 10 year "Long Residence ILR" route or via the EEA permanent residence route after the expiry of the EEA residence card in Mar 2018.

My questions are:
1) Which of the 2 application routes is preferable in your view and what are the pros and cons to consider?
2) What is the right application form to use for the EEA permanent residence route? Would be great if you could post a link.
3) What are the fees for the EEA permanent residence route? Is it the £2,297 mentioned here https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner or the £130 mentioned here https://www.gov.uk/government/uploads/s ... -03-16.pdf?
4) What are the processing times for the 2 routes and is one expected to be faster than the other?
5) By how much would the processing times be reduced if going for the premium centre service?
6) Our aim is to obtain settlement status for my wife so she is eligible for UK citizenship 1 year later. Are there any differences between the 2 routes in this regard? Is the 10 year ILR a "safer" route to British citizenship, as it does not depend on the outcome of the Brexit negotiations?
7) Would my wife be allowed to work in the UK under both routes?

Thank you very much for your help in advance!

[mr3820]

One thing I forgot to mention: Myself, I have been exercising EEA treaty rights (due to employment in the UK) since 2010 and expect to continue doing so going forward.

[alterhase58]

As I understand it it's not a case of just switching options, PR vs ILR.
Your wife is a family member sponsored by you under EEA regulations. She cannot "reclaim" the time spent on visas before becoming EU family member and switch to ILR which is under UK immigration regulations. She should be able to apply for PR in 2018 with you as the sponsor.
Other members may provide further clarification on your scenario.

[mr3820]

Thank you alterhase58.

Regarding the eligibility to apply via the ILR route, the only information I could find was here https://www.gov.uk/long-residence/eligibility, where it says

"You must also have:
- been in the UK legally for 10 years (known as your ‘continuous residence’)
- kept to the terms of your UK visa"

So based on that I thought - maybe incorrectly - that she could apply via the ILR route because she has been legally in the UK, though using diffent types of visas/permits over that period. Is there a Home Office document which states that the 10 years have to be within specific visa/permit categories (as your reply suggests)? It would be great if you could point me to the document.

Thank you very much again.

[CR001]

As I understand it it's not a case of just switching options, PR vs ILR.
Your wife is a family member sponsored by you under EEA regulations. She cannot "reclaim" the time spent on visas before becoming EU family member and switch to ILR which is under UK immigration regulations. She should be able to apply for PR in 2018 with you as the sponsor.
Other members may provide further clarification on your scenario.

You are wrong. ALL time spent legally in the UK counts towards long residence ILR, including combining UK visas with EEA Residence cards.

This is provided the Set(LR) applicant submits substantial evidence that their EU sponsor was a qualified person exercising treaty rights for the whole time they are using the EEA RC towards LR.

[CR001]

* Mar 2010: Wife switches to post study work visa.
* Mar 2013: Wife switches to "Residence Card of a Family Member of an EEA National", sponsored by me.

On what date did her PSW visa expire?

1. PR is cheaper, but postal only. ILR is much more expensive but same day premium service available.

2. EEA4 I believe. https://www.gov.uk/eea-registration-cer ... -residence

3. PR costs £65. ILR costs £2,297 for a postal application and £2,887 for a in person premium service application.

4. PR takes anywhere between a couple of months to 6 or 7 months. ILR postal can take a few months or apply in person (no guarantee of same day decision though).

5. See last sentence in #4 above.

6. Both routes lead to the same end result and both lead to citizenship. Brexit affects the EU/EEA route and NOT the ILR route.

7. Yes.

[mr3820]

Thank you CR001. This is very helpful!

[CR001]

* Mar 2010: Wife switches to post study work visa.
* Mar 2013: Wife switches to "Residence Card of a Family Member of an EEA National", sponsored by me.

On what date did her PSW visa expire?

Did you miss my question above? This is really important as this will determine if she had valid/legal stay in the UK.

[rushmachine]

Hey Mr3820 , Just wondering what you did with regards to your wife Permit , Iam in the same boat and have 2 options and confused to which one to go for , please can you shed some light on this aspect.

[Paghedo]

Hello, I need advice on the best option available to me now.
I came to the UK in Nov.2004 and by 2008; I made an EEA application as an extended family member of EEA as my sister was married to one at the time. I was then issues with a 5years residency but by 2010, my sister and her EEA husband parted ways and at the time I did not understand the impact this could have on my status.
I applied for my permanent residency in Dec.2014 and was refused in 2015, it been a back and front situation and sometimes am just in the dark as not sure of what to do. The most recent application for the permanent residency was made in Feb.2018 and it was refused again but with a right of appeal. I initiated the appeal but I just got reply from tribunal services that is been dismissed. i have a 7years and a 5 years old.
I need advice on the best next line of action.
Many thanks.

[CR001]

Hello, I need advice on the best option available to me now.
I came to the UK in Nov.2004 and by 2008; I made an EEA application as an extended family member of EEA as my sister was married to one at the time. I was then issues with a 5years residency but by 2010, my sister and her EEA husband parted ways and at the time I did not understand the impact this could have on my status.
I applied for my permanent residency in Dec.2014 and was refused in 2015, it been a back and front situation and sometimes am just in the dark as not sure of what to do. The most recent application for the permanent residency was made in Feb.2018 and it was refused again but with a right of appeal. I initiated the appeal but I just got reply from tribunal services that is been dismissed. i have a 7years and a 5 years old.
I need advice on the best next line of action.
Many thanks.

Please continue in your OWN topic that you already have rather than tagging onto other members threads.

eea-route-applications/non-eea-pr-appli ... l#p1668203