EEA-for Indefinite Leave to Remain

[jimz]

Dear All

My timeline is below ;
My wife was EEA National and last year she became British.
I am a Common Wealth Citizen, got married to an EEA NATIONAL .

Now that i am going towards the end of 5 Years Period , so i have few questions . i would appreciate your help.

1- Does the 5 year period start from the date of issuance of visa? or from the date of your Marriage?
(my visa was issued after more than one year of our wedding day)

please clarify.

2- My wife been working full time all these years and she still works the full time.
i am working full time too.

so, when i would apply for my indefinite leave to remain , do i need any ''comprehensive health insurance'', someone mentioned that this thing is also needed these days,

please clarify in my situation.

3-English language course is needed for ILR?

4-How much is the fee for EEA-ILR?

Any advice, anything relevant to EEA-ILR case application rules that i should be careful, please do write.

Your time and help would be much appreciated.

Many thanks.

Kind Regards.

[noajthan]

Dear All

My timeline is below ;

My wife was EEA National and last year she became British.

I am a Common Wealth Citizen, got married to an EEA NATIONAL .

Now that i am going towards the end of 5 Years Period , so i have few questions . i would appreciate your help.

1- Does the 5 year period start from the date of issuance of visa? or from the date of your Marriage?
(my visa was issued after more than one year of our wedding day)

please clarify.

2- My wife been working full time all these years and she still works the full time.
i am working full time too.

so, when i would apply for my indefinite leave to remain , do i need any ''comprehensive health insurance'', someone mentioned that this thing is also needed these days,

please clarify in my situation.

3-English language course is needed for ILR?

4-How much is the fee for EEA-ILR?

Any advice, anything relevant to EEA-ILR case application rules that i should be careful, please do write.

Your time and help would be much appreciated.

Many thanks.
Kind Regards.

When did you arrive in UK?
When did you get married?
Have you or wife had any prolonged absences from UK since you arrived here?

What is your immigration status in UK?
Is it the UK migration route - leading to ILR?
Or the EU migration leading to PR?

You mention "EEA ILR" but there is no such thing - do you mean 'permanent residence', PR?

Now that your wife is a British citizen the HO will not recognise her as an EEA national.
So she cannot be your sponsor on EU migration route anymore.

There is an exception if you held a UK RC issued in or before 2012. Is that the case here?

You mentioned having a "visa" - what is that visa?
Do you mean a UK RC from 2012 (or before)?

If not. do you have any other basis to remain in UK - a UK visa perhaps?

CSI is again only for those on the EEA migration route and, in particular, for a student or self-sufficient qualified person.
If the EU migration route applies to you (and that's unclear at the moment), a sponsor/spouse who is a worker would not need CSI & nor would a family dependent.

No need to worry about costs or proof of English until your migration route and immigration status are made a little clearer.

[jimz]

Hi Dear

Below is the timeline:


1-I was a Common Wealth student back then.




2-Got married to an EEA National exercising treaty rights/working full time with no absence at all and now having British Passport i.e. my wife.





3- On the basis of my wife they issued me a Resident card being an EEA Family member i.e. Spouse.


Now my simple questions are ;

To get the PR :


1--The 5 Years period starts from the date of Marriage ?

or

2--From the date of the issuance of the RC? (they took more than one year to issue me the RC thats why).



Till now my wife and I have been working full time, no absence at all.



3---What forms would be suitable to apply for PR?



4---Any fee?


5--Any Health Insurance?




I hope these would clarify .


waiting to hearing .


Many thanks.


Regards.

[noajthan]

The spaces in your post make it very hard to read.
Imagine trying to read it on a mobile phone or tablet.

You mentioned "EEA ILR" before but there is no such thing - I assume you mean 'permanent residence', PR.

You need to provide some basic information, point by point before anyone can hope to answer your query.

When did you arrive in UK?
When did wife arrive in UK?
When did you get married?

Have you or wife had any prolonged absences from UK since you arrived here?

Now that your wife is a British citizen the HO will not recognise her as an EEA national.
So she cannot sponsor family members on the EU migration route anymore.

This means acquiring PR status is at risk.
There is an exception if you held a UK RC issued in or before 2012. Is that the case here

[vinny]

Now that your wife is a British citizen the HO will not recognise her as an EEA national.
So she cannot sponsor family members on the EU migration route anymore.

Questionable practice.

[noajthan]

Now that your wife is a British citizen the HO will not recognise her as an EEA national.
So she cannot sponsor family members on the EU migration route anymore.

Questionable practice.

As above and in OP's court - which was the whole point of raising the matter:

There is an exception if you held a UK RC issued in or before 2012. Is that the case here

[jimz]

Hi


1--Got married in -December--2011.

&

2--RC was issued in APRIL-2013.


Now would you please clarify only these below points.

1--RC 5 Years period starts from the DATE OF MARRIAGE? OR issue of the RC?

2--for PR any english language test? or any OCI needed?


Again ,

1--we both do not have any absence.

2--we both been working full time .


I hope it clarifies , now would you please answer keeping it simple.



Many thanks.

Regards.

[vinny]

1. You became a family member from the date of marriage.

2. No English language test. What's OCI?

[jimz]

hi vinny

first of all thank you very much for your reply.


So , being married to an EEA-National, PR period will start from the Date of Our Marriage ? and not from the date of issuance of the RC?


What are the correct forms, can you please mention ?


What are the documents i need to send with the my application for PR?


Any other relevant advice/documents /any other info that can be helpful, please let me know.


Your answer will help many.

Many thanks once again.

Kind Regards.

[vinny]

The qualifying period started when you were initially in the UK as a spouse and the EEA national was a qualified person or was exercising treaty rights.

See also permanent residence card and scenaro 2.

[noajthan]

[quote=jimz]Any other relevant advice/documents /any other info that can be helpful, please let me know.[/quote]

Putting it very simply: your spouse (who you think is your sponsor) is now British.

UK does not recognise British citizens as being EEA nationals - not for EU migration anyway.

So British citizens cannot sponsor family members on EU migration route.

Your RC is very critical - if you are lucky you may be able to use the McCarthy transitional arrangement to solve this.

Your RC was issued later than 2012 so the vital question is: when did you file the application for the RC. (which month & year)

Ref https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 45+

[jimz]

Hi


1---we got married in December 2011.

2--Sent my application for RC--January 2012 and got the RC after interview in APRIL-2013.

3--My wife was an EEA-National exercising treaty rights and full time working since 2007.

4--She became British in 2015, now holding British and an EEA Passport.

5-No absence/ no out of work/no benefits/ continuous period of living together.

Now , as you confirmed that my PR PERIOD will start from the DATE OF MARRIAGE i.e. DECEMBER 2011.

My wife being BRITISH , i will use her IDs to be sent out with my PR application since my 5 Years period is going to be completed in DECEMBER 2016.


Now please read the above mentioned points once again and kindly answer, what are my options to apply for PR.

To my understanding this should be fairly simply and straightforward case.

your valuable answer will be much appreciated.


Kind Regards.

[noajthan]

You've answered your own question, apply in December.

Have you done some of the heavy lifting and gone through PR guidance and PR form?
Its quite comprehensive.

Collate your evidence.
Fill out form.
See how it shapes up.

[jimz]

would you please re-read my last post and try to clarify my questions.

your detailed answers will be much appreciated.

I am asking as per your understanding and knowledge.

Thanks.
Kind Regards.

[noajthan]

would you please re-read my last post and try to clarify my questions.

your detailed answers will be much appreciated.

I am asking as per your understanding and knowledge.

Thanks.
Kind Regards.

Based on knowledge and understanding its very straightforward...

Read PR guidance and PR form.

Collate your evidence.
Fill out form.
See how it shapes up.

If you want someone to do all that for you then simply hire an accredited lawyer or OISC-licensed advisor.

Suggest also ask wife to help, she has evidently done all this:
http://www.immigrationboards.com/eea-ro ... 26657.html

If you have questions when you have made a start then come back with them.