Getting married to an EU citizen

[coolnsblue]

Hello everyone,
I have really a complicated problem. I am eligible to apply for ILR under 10 years rule. But I'm just about to get married to a Belgian citizen on next month. He prefer me to stay with him in Belgium after the marriage. Is there any possibility in EU Law that I can apply ILR in Belgium rather than in UK? In that way I can stay with my husband in Belgium rather than in UK until the decision arrived and after, which we all know that It could take so long sometimes. I will obviously get Belgium citizenship only after 3 years, but since I'm eligible I prefer to apply for ILR category, because I don't have to wait 3 years for Belgian citizenship.
Please advice me what would be the best option for me...
Many thanx for you all.
Kind regards NS

[Mr Rusty]

You can't apply to Remain in the UK if you're not in the UK. Furthermore, the Long Residence Rules include this criterion:-

Strength of connections in the UK
The family life a person has in the UK should be taken into account in assessing the strength of their connections to the UK. This would be particularly strong if they are married to or have established a similar relationship with a settled person. The person may have other close relatives settled in the UK. The strength and closeness of the relationship will determine how strong a factor this may be. Similarly, where a person’s close relatives are not in the UK, this may call into question the strength of the person’s connection to the UK.
Getting hitched to a Belgian and going to live in Belgium does not suggest a strong connection to the UK.

[coolnsblue]

Dear Mr. Rusty,
Thank u ever so much for ur advice.
Im also having another couple of questions. wonder if you or someone could help me...
1. I have completed my 10 years by February this year. But I left UK to Sri Lanka to spend some time with my parents on 01st of January, where im still staying before applying for ILR. Its becoming 5 months now, I will soon be leaving back to UK before it gets 6 months. I will also be marrying my Belgium partner in couple of weeks before I leave. So i'm bit confused about the time I spent outside the UK.
Do u think Spending 4 months after February will be considered or, They will only consider 6 months outside the UK rule until the February thats when im completing 10 years... ?

Im having my PSW visa until september, so is there a rule that I should apply ILR within certain amonut of time period?

Many thanks again for ur time.
NS

[geriatrix]

The "qualifying residential period" for settlement is the period counting backwards from the date of settlement application. In your case, it will the 10 years preceding the date of application so your stay outside the UK since January this year until the day you return to UK will be counted as "absence".

You need to apply for settlement before your current PSW leave expires.

[coolnsblue]

Thanks Sushdmehta,

Here Im stuck with another question again...
Its the continuation of the same story..
Imagine I got the ILR , and stay most of my following year in Belgium with my husband, would that be a problem for me to apply UK citizenship?

Thanks again so much...

[wf]

Is the 'no single absence of more than 3months' not applicable to 10 year long residency?

[geriatrix]

You cannot be absent from UK for more than 90 days in the year preceding a naturalisation application.

[geriatrix]

Is the 'no single absence of more than 3months' not applicable to 10 year long residency?

No. Under long residence, it is "no single absence of more than 6 months".