My ILR experience

[Marco 72]

I just thought I'd share my recent experience with obtaining Indefinite Leave to Remain.
I am an EU citizen, I moved to England early in the 1990's but never thought about applying for a residence permit until early this year. My situation: I had spent the previous four years working part time (teaching while studying for a PhD) and supporting myself with my own funds, until I found a permant job in May 2004. From what I'd read on the IND website it seemed to me that I had a good case for ILR, but when I tried calling several immigration solicitors nearly all of them disagreed. According to them the best I could hope for was an ordinary resident permit (EEA2 as opposed to EEA3). In the end I found a solicitor who thought I was eligible for ILR. Last July we submitted an application for ILR with the following documents

- letter from my current employer
- letter from previous university employer
- P60 forms from my previous (part time) university job
- bank balance going back 4 years
- notarised photocopy of my passport

In October the IND requested the original of my passport and we sent it to them. Finally, shortly before Christmas I received my passport with ILR.

[lemess]

Out of interest did you have to spend a minimum amount of time resident in the country before you qualified for ILR or does an EU citizen qualify for it as soon as they arrive ?

[John]

Lemess, there is a four-year qualifying period.

On reflection I cannot see why it was considered that Marco 72 should have a problem. Anyone reading EDI Chapter 1 will see that exercising of treaty rights includes working, and that includes working part-time :-

so long as the work/hours/pay are "effective and genuine" not "purely marginal and ancillary"

And it also includes being a Student in the UK.

So as Marco 72 had been exercising his treaty rights for at least four years, it is no surprise that he has got his ILR. Congratulations to you.

[Rogerio]

Marco, just out of interest and *if* you don't mind sharing this info:

What country are you from and why did you apply for ILR? Are you aiming at British citizenship? And why?

Thanks,

Rogerio

[John]

Rogerio, I don't know whether Marco is looking in today but his other posts give answers to your questions.

He is Italian and now has a USA wife. She is now in the UK thanks to an EEA Family Permit in her passport. Marco becoming British will speed up the process of his wife also becoming British.

So once Marco has had his ILR for at least a year he will be able to apply to be naturalised as British.

[Rogerio]

Ah, it all makes sense now! Thanks John. R.

[pieface]

Just got my ILR today, so thought I'd tag my experience on the end of this post.

Nationality: NZ (Arrived 28/1/2002)
Grounds: 4 Years on WP (IT), one employer, no spouse or dependents

My appointment was at 11:00, so turned up at 10:30 as advised. In hindsight I would've turned up earlier as apparently there had been delays today and the queue was massive - right round the corner. Got to the first counter at about 11:15 though.

Went throught the payment formalities and waited to be called for the interview. My bank statements were VERY closely scrutinised, which is a bit embarrassing as most of the entries on my statement are for transactions in pubs. I have quite a hefty mortgage, so I'm guessing they were making sure I could meet the payments. Probably most alarming for them was my recent 'post Christmas' statement, which pretty much told them I was skint. They were happy enough when I told them of a recent pay increase, and showed them another statement from my savings account. They asked if I had payslips, which I did, but they elected not to look at them.

I got sent away for a bit then called back 10 minutes later to be told I had been approved for settlement, and to come back in an hour for my passport. I said, "An hour?", she said, "Yes, in fact if you leave the building, make sure you're only gone for half an hour." Now based on this, I decided to sit and wait. Now I wish I'd taken notice of the signs on the screens and the experiences of others on this board, as it took just on three hours.

Needless to say though, I'm absolutely delighted, my only complaint is that the visa sticker spills over two edges in my passport! Not being funny, but if you're sticking dozens of these things in a day, surely you're going to get pretty good at it!?!!??

Oh, one other thing, the snack bar in the waiting area is very handy, great tea, ropey sandwiches - can recommend the muffins though.

So next step is swotting the comical "Journey to Citizenship" book in preparation for naturalisation.... After celebrating with some fizzy plonk of course!

[Rogerio]

Delightful news my friend. Very glad that you've made it to ILR. Now, only a few months to go before you can use your shiny burgandy passport, and not have to deal with the Home Office ever again!

Congratulations and happy new year (I am sure it started off on the right foot !!).

Rogerio

[Kayalami]

pieface,

congrats - no need to read the life in the UK book yet...as things stand you've got 12 months of ILR to go first before you are eligible to apply for naturalisation unless you have a British spouse.

[maple leaf]

I like your story

[th]

pieface,

You first arrived UK on the 28th Jan 2002 and your application was lodged on the 5th Jan 2006. It's not full four years yet, right?

Regards

[John]

You first arrived UK on the 28th Jan 2002 and your application was lodged on the 5th Jan 2006. It's not full four years yet, right?

No but it is within 28 days of the completion of four years, isn't it! Just look at the application form to see the reference to 28 days.

If he waited for the four years to happen, well his EC will have expired, wouldn't it!