CAN I APPLY FOR INDEFINITE LEAVE TO REMAIN

[CAM1982]

HI ALL,



Long Story Short:

I am Brazilian and I first entered the UK with as a student in 2006 , got my PSW visa in 2010, was married to an EEA citizen in 2012 and got my residency card that year . i was officially Divorced in Nov 2016 and got my Retain Rights visa in March 2017. I have always been in the UK with a valid Visa and I have never spend more than 3 weeks out of the country in a year.

I have a son that is 2 years old and an EEA Citizen and we have applied for his UK passport this week and it should all come through .

As my Retained rights was based on my EEA Partner and with Brexit I was told that I might need to reapply for my visa as it might not be valid after March 2019

My question is can I apply for indefinite leave to remain now or do I need to wait the 5 years ( based on my retained rights ) ? as I have been in the UK for over 12 years.

Can I possibly skip all of that and go straight to British Passport ?

Your suggestions are appreciated.

Thank you

Cam.

[CR001]

My question is can I apply for indefinite leave to remain now or do I need to wait the 5 years ( based on my retained rights ) ? as I have been in the UK for over 12 years.

What evidence of your spouse exercising treaty rights for the whole period you are claiming under the EEA route do you have to submit with a long residence ILR application??

Can I possibly skip all of that and go straight to British Passport ?

No you cannot skip ILR or PR. It is mandatory to hold ILR or PR for a minimum of 12 months, if you are not married to a British citizen, before you can apply for citizenship. There is no short cut.

[vinny]

was married to an EEA citizen in 2012

I think you could apply for confirmation of PR now.

[CAM1982]

Hi CRR001.

I have not had any contact with my ex husband since the divorce was finalized . I am aware he is in the country and has always worked and I got my Retained Rights by giving writing an extensive letter to the home office explaining he was unwilling to assist and I gave them all of his details including location of work. So I was given that Visa "on merit" so to speak.

I did not think I would require his assistance for the next part as I have been here for over 12 years.

Thank you.

[CR001]

Please, take the time to read the Set(LR) form which is an application under the UK Immigration rules and HO will want to see all the evidence of your ex being a qualified person for the period you are claiming under the EEA/EU route in order to qualify for Long Residence ILR.

Alternatively, do click on the links that vinny has already provided to apply for PR under the EEA/EU route.