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EEA4 Permanent residence 10 years or indefinite

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Silwin
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Joined: Sun Feb 15, 2009 12:54 pm

EEA4 Permanent residence 10 years or indefinite

Post by Silwin » Fri Oct 15, 2010 8:51 pm

I've been reading and reading but cant seem to find out if a non eea family member could get ILR which is INDEFINITE and not 10 years.

I've seen other categories of applications that can apply for ILR, so why cant a non eea national?

Am i missing the point?
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Guerro
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Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Fri Oct 15, 2010 9:29 pm

A permanent residence for a non eea is an ilr in disguise. You lose it in one case which is absence of continuous two years. You are entitled to british citizenship after one year of gaining a permanent residence status
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Plum70
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Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Fri Oct 15, 2010 10:28 pm

Guerro wrote:You are entitled to british citizenship after one year of gaining a permanent residence status
Certainly not entitled. BC by naturalisation is granted at the Secretary of State's discretion.
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Guerro
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Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Sat Oct 16, 2010 8:37 am

I mean entitled to apply
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Silwin
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Posts: 24
Joined: Sun Feb 15, 2009 12:54 pm

Post by Silwin » Sat Oct 16, 2010 9:02 am

It doesn't really matter wether i have ILR or a 5 year stay. If i have completed 6 odd years of continuos stay here i am entitled to it anyway.

Is there any way i can get INDEFINITE stamped on my passport?
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vinny
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Posts: 33336
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Oct 16, 2010 10:42 am

Issue of a document certifying permanent residence and a permanent residence card wrote:18.—
(3) Subject to paragraph (5) and regulation 20(3), a permanent residence card shall be valid for ten years from the date of issue and must be renewed on application
.


However, note that
Permanent right of residence wrote: 15.—
(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
See also Difference between ILR and PR?
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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Guerro
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Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Sat Oct 16, 2010 9:26 pm

Silwin wrote:It doesn't really matter wether i have ILR or a 5 year stay. If i have completed 6 odd years of continuos stay here i am entitled to it anyway.

Is there any way i can get INDEFINITE stamped on my passport?
As long as you know you can get pr after 5 years of living under european rules and british citizenship on the 6th; i don't understand why are you so desperate for indefinite leave to remain?
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