Am I eligible for ILR if my husband didn't work for 5yrs

[Bee Queen]

Hello all good people, l have read through most of the post in this forum and l must say a big God bless you all, for all your advice in helping one another thereby avoiding unecessary solicitors fees.

I will be most grateful for any helpful advice you can render: Here is my case.

(A) I am a non EU married to a Spanish citizen in the year 2000 in the country Spain.

After living in Spain for 5yrs, my husband and I relocated to UK in 2005 upon which I was granted a 5yrs permit stamp on my passport, and my husband also got a 5yrs resident card despite he is a Spanish born citizen.

(C) In all these years living in the UK my husband never work but took care of his disabled mother by himself due to the fact that he can't entrust anyone to take care of her but in return his Mother has also provided all we need financially, cos she is very financially stable, but I have done a few jobs myself but has not consistently worked in this last 5 yrs. And niether of us has ever collected benefits.

(D) I am due for my ILR in September 2010 and am not currently working.

(E) I have been out of the country for a continious 13months due to medical reasons to Spain in the whole of the 5yrs we have lived here.

Pls can you advice me on what to do CAN I OBTAIN MY ILR based on what I have just explained and if yes what are documents will be required from my husband and I to enable me apply.

Thanks as I await your ernest response. And goodluck to as many that are expecting good news
Stay Blessed. Remember Jesus Loves You[/b]

[John]

I have split your post from where you posted it, because your query is actually nothing to do with ILR.

You need to appreciate that you will never get ILR. Not after 5 years, or ever! What you might do is get PR ... permanent residence .... the EU-route equivalent of ILR.

Your husband! He might have been exercising EU Treaty Rights in the UK, as a self-sufficient person, based upon the way he has been supported by his relative. But in order to be treated as a self-sufficient person he needs to have comprehensive sickness insurance. So my question to you is .... has he got such insurance?

[Bee Queen]

Thanks for your response John, and am sorry for posting in the wrong place, so when you asked if he has COMPREHENSIVE SICKNESS INSURANCE what does that really mean should this insurance be for him or his mother? knowing that she is the one who is sick, and should we decide to get this insurance now will it make any difference knowing that he did not work for the required 5yrs and l have not worked all through the required time as well, so how will it affect my application for PR.

When you said that you've split my post from where l posted it hence it has nothing to do with ILR, can you please let me know where I can locate it.

I really do appreciate your comment at your earliest convenience

Once again Thx.

[John]

It is a question of working out whether your spouse has been in the UK exercising EU Treaty Rights, and given that he has not been in paid employment, or self-employment, or a student, that just leaves being a self-sufficient person.

But to do that he needs have sickness insurance, and the fact that he has not had that for the last 4-and-a-bit years means that it is likely that any application by you for PR will get rejected.

However, he has been using the NHS? It has not be clarified by UKBA whether they accept that the NHS counts as the sickness insurance required by the EU Directive.