ILR after completing 4 years (WP + EEA Residence Permit)

[sunil_kumar]

Hi Everyone,
Its been long since I have posted any query here.
I have a question to all regarding ILR.

I have been working in the UK now for 2 years under a Work Permit. I then got married and received a Residence Permit (as my wife if from France).
So to apply for an ILR I know that we need to complete 4 years in the UK.

As I have been on WP for 2 years before April 05, once I complete 2 more years under my EEA Residence Permit, can I apply for an ILR?
Or do I need to complete 4 years on my EEA Residence permit ?

Also from a previous post I got the list of documents need for applying for an ILR, but that was for a work permit holder (where they need a letter of employment from the Employer stating that he/she will be working in their company for the near future). Do I need the same if I am applying for an ILR esp coz I am not under WP and hold a EEA Residence Permit...
If I get a list of documents needed, it will be perfect as I can then start collecting some key documents if needed while applying for my ILR.

I have always received suggestions and feedback very quickly in this discussion board esp from John and Kalayami and I hope it happens this time too
Thanks in advance,
Sunny

[Kayalami]

As I have been on WP for 2 years before April 05, once I complete 2 more years under my EEA Residence Permit, can I apply for an ILR?

No - you may not amalgamate these periods for ILR unless under the 10/14 year long residence grounds and of course residence requirements for naturalisation.

Or do I need to complete 4 years on my EEA Residence permit ?

Yes

Do I need the same if I am applying for an ILR esp coz I am not under WP and hold a EEA Residence Permit...

Evidence of exercising treaty rights/ economic activity over the 4 yr period required - your spouse's mandatory where she is the main applicant and you are the dependent or spouse's and yours mandatory where you are applying on your own. Said evidence best in the form of documentation from the Inland Revenue.

Comments based on current legislation - things may change and as such you would need to review requirements then.

[sunil_kumar]

Thanks Kayalami.
I will apply as a dependent on my wife's application. She then needs to have the P60s etc. as proof of employment.
So do I need to have proof of employment too even if I am applying as a dependent and my wife applying for an ILR including mine?

Thanks for your speedy response...

Cheers,
Sunny

[costa]

Hi Kayalami,

One of friend's story is likely relevant with this one but I still cannot understand how?

One friend (from visa national) I know has held student visa since May-2001, she married to a German (working in UK for over 10 yrs with pretty good salary) in June-2004. My friend and her German husband sent EEC1 and EEC2 form together at the same time in May of 2005. I am surprised that both of them get ILR at the same time. Actually its no surprise that German husband got ILR, but why did my friend can luckily got ILR at the same time? I am not saying she shouldn't on her back, but just see how lucky she is with curiosity. Doesn't she need to hold EU resident premit for at least several years? or can her previous legal stay (under student status) in the UK has been counted when she-as a dependent, apply EEC1 and EEC2 at the same time and together with her husband?

So, I am wondering if its a 'must' requirement for the spose to hold EU resident permit for at least 4 years before apply ILR?

[petkanov]

She is not required to hold residence permit for a few years. she is required to exersice EU right for 4 years. then if she never held residence permit, can apply for both residence permit and ILR

[costa]

Thanks petkanov. it sort out my query.