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EEA Family permit/Timescale for PR

Family member & Ancestry immigration; don't post other immigration categories, please!
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siddiqr
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Posts: 36
Joined: Sun May 20, 2007 12:32 pm
Location: London

EEA Family permit/Timescale for PR

Post by siddiqr » Fri Jan 11, 2008 6:55 pm

Guys

This question has been troubling me for a while so i thought i would seek some expert advice.

I came to the UK in Sep 2001 and has been studying since. I was granted 5 yrs EU family permit this month. Am i right to understand that i will be able to apply for ILR in 2010 (marking 10 years of lawful residence in UK) OR
i will have to wait for the expiry of my 5 years fam permit and apply then i.e. 2012.

Thanks

vinny
Moderator
Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

EEA Family permit/Timescale for PR

Post by vinny » Sat Jan 12, 2008 1:05 am

What country are you from?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

thirdwave
Member of Standing
Posts: 381
Joined: Wed Feb 14, 2007 11:17 pm

Re: EEA Family permit/Timescale for PR

Post by thirdwave » Sat Jan 12, 2008 2:17 am

siddiqr wrote:Guys

This question has been troubling me for a while so i thought i would seek some expert advice.

I came to the UK in Sep 2001 and has been studying since. I was granted 5 yrs EU family permit this month. Am i right to understand that i will be able to apply for ILR in 2010 (marking 10 years of lawful residence in UK) OR
i will have to wait for the expiry of my 5 years fam permit and apply then i.e. 2012.

Thanks
You should be able to apply for ILR in 2010 (provided the 10 year rule is still in existence)

Rozen
Diamond Member
Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Sat Jan 12, 2008 11:53 am

Are you sure, thirdwave? Was the clock not reset when he took the EU route? Hence he will get his PR in 2013.

siddiqr
Newbie
Posts: 36
Joined: Sun May 20, 2007 12:32 pm
Location: London

Post by siddiqr » Sat Jan 12, 2008 2:28 pm

I am from pakistan. Do you think it might be worth asking HO this question?

Cheers

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sat Jan 12, 2008 5:51 pm

Rozen wrote:Are you sure, thirdwave? Was the clock not reset when he took the EU route? Hence he will get his PR in 2013.
Good question. The 10 year rule is supposed to apply to any legal stay in the U.K. but it is not clear whether that has to be legal under the Immigration Rules, which excludes EEA status.

Find a good immigration lawyer.

siddiqr
Newbie
Posts: 36
Joined: Sun May 20, 2007 12:32 pm
Location: London

Post by siddiqr » Sat Jan 12, 2008 8:05 pm

Found below on an immigration forum:

Please note that many of these requirements are only likely to be relevant if you are applying on the basis of ten years rather than fourteen years in the UK. If you are applying on the basis of fourteen years stay in the UK you will probably not be absent from the UK at all during most if not all the of the fourteen years.

* You have ten years lawful residence in the UK, or 14 years of lawful or unlawful residence. Normally most people who are applying on the basis of 14 years residence would have a small amount of lawful residence with the the greater part of their residence over the fourteen years being unlawful.
* You should not have been outside the UK for longer than six months in any one time during the relevant period.
* You should not have been outside the UK for longer than 18 months in total during the relevant period.
* You should continue to obtain extensions to your status in the UK throughout the ten year period. This is likely to be relevant if you are a student and have spent much of your student life in the UK.
* You should not have left the UK during the relevant period with a clear intention not to return to the UK.
* You should not have left the UK over the ten year period after being refused entry to the UK, or after being refused an extension of leave to remain in the UK or after being deported.
* You should not have been convicted of an offence and imprisoned, or otherwise detained in another institution over the relevant period.
* It will also be considered whether in the public interest indefinite leave to remain should be refused. This will probably not be relevant in most cases. The following will be taken into consideration when your application is being assessed:
o your age;
o your ties to the United Kingdom;
o your personal history; including character, conduct, associations you belong to and employment record;
o your domestic circumstances - this generally means any family ties you have in the UK;
o any previous criminal record and the nature of any offence you may have committed in the UK;
o any compassionate circumstances;
o any representations received on your behalf;

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sat Jan 12, 2008 8:43 pm

Time as an EEA citizen or family permit holder does count under the 10 year rule:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary


2.2.3 Time spent in the UK with a right to reside under the EEA Regulations
Applications may be received from third country nationals who have spent part of their time in the United Kingdom as the spouse, civil partner or other family member of an EU/EEA national exercising their treaty rights to reside here, but who have not been ableto qualify for permanent residence.

Alternatively, we may receive applications from
former family members who have had a retained right of residence (see Chapter 5 of the European Casework Instructions for more details).
During their time here under the provisions of the EEA Regulations, the individuals would not have been subject to immigration control and would not have required leave to enter or remain. Therefore, they would not fall within the definition of “lawful residenceâ€

siddiqr
Newbie
Posts: 36
Joined: Sun May 20, 2007 12:32 pm
Location: London

Post by siddiqr » Sun Jan 13, 2008 3:28 pm

Thanks a million JAJ. This clarifies my position.

Regards

dajo
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Joined: Sun Jan 13, 2008 5:17 pm

Post by dajo » Sun Jan 13, 2008 5:21 pm

Can anyone expand on this at all - what treaty rights are needed to be exercised to be treated as lawful?
Thanks

However, the family members of EU/EEA nationals exercising their treaty rights to reside in the UK are here in a lawful capacity. Provided they meet all of the other requirements, discretion may be exercised to
count this time as if it were lawful residence.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Jan 13, 2008 5:30 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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