Application for FLR (FM)

[Abate86]

Hi Guys

I have some few questions to ask. To begin with, I will give few details about myself. I was married to EEA national for about 3 years and 3 months before our divorced date in February 2013. We lived together in the UK from March 2010 to February 2013. I applied for Retained Right of Residence on February and was issued another Residence Card. I got married to a non EEA National in late 2013. She is now living with me in the UK on a Student Visa. From March 2010 to March 2015 will make it five years. As such, I made an application for PR three weeks ago and also made a Spouse Visa application for my wife. All relevant document was submitted. To our surprise, my wife was sent a letter stating that since my application for ILR was still pending, I do not have a settled status. I believe this decision is wrong. Firstly, my application was for PR not ILR. Secondly, PR is automatic permanent residence after five years. I do not know whether I am correct or not. Hence, I would appreciate if anyone can answer my questions below.


(1) If I have regally reside in the UK for five years as a non EEA family member of EEA National, would I not automatically acquired a permanent residence in the UK without making an application for Residence Card?

(2) Is permanent residence in the UK not the same as “settled status”?

(3) Do I need to be issued a Permanent Residence Card before I would have “settled status”?

(4) Am I not within my right to apply for a Spouse Visa for my wife even if I have not been issued a Permanent Residence Card?

[Rayking]

1. No
2. Yes,permanent residence is the same as having settled status.
3.Yes,you need to be issued permanent residency to have settled status.
4. You don't have the right if you've not been given such right,I would have thought it makes sense to sort yourself out FIRST before putting another lady into this.my personal opinion, I could be wrong.

[Abate86]

Thanks for your advice.

Just a correction, under EU law a non EEA national acquire permanent residence (PR) after five years. EEA 4 application is for a confirmation of existing right rather than an application for the right to permanent residence.

[CR001]

The spouse visa is under UK Immigration rules and you will need to provide proof that you have settled status, i.e. PR card.

[CR001]

As you have a fairly lengthy thread in the EEA Route forum, I will lock this thread to avoid confusion. Once you have your PR confirmation, it will be better to ask your questions, if you have any, regarding the spouse visa.

http://www.immigrationboards.com/eea-ro ... 84752.html