Can I apply for PR if I marry an EEA who is eligible to PR

da_tnt · Post by **da_tnt** » Sun Sep 11, 2011 7:59 pm

Hi,

I have been in the uk since 26 January 2008 as a Student. My student visa was valid from 18 December 2007.

My student visa will expire on 31 October 2011.

My girlfriend (who is from Lithuania) and I decided to get married. She has been working and paying tax in the UK for the last five years and is eligible for ILR in October 2011.

My questions are the following:

1/ If we get married before october, will I get the ILR at the same time when she applies? If yes what do I need to send as proof?

2/ Will there be a problem with the Home Office if I get married now knowing that my student visa is due in around 7 weeks? or will it be better if I renew my student visa to get an extra year and then get married?

Thank you for your help.

zebra3 · Post by **zebra3** » Sun Sep 11, 2011 9:55 pm

you can not apply for ILR. you need an extension based on your marriage first if I am right.

da_tnt · Post by **da_tnt** » Sun Sep 11, 2011 9:57 pm

so the marriage will extend my visa?

do you know if we suppose I have a year visa left, am I eligible to apply for the ILR with her at the same time?

zebra3 · Post by **zebra3** » Sun Sep 11, 2011 10:08 pm

da_tnt wrote:so the marriage will extend my visa?

do you know if we suppose I have a year visa left, am I eligible to apply for the ILR with her at the same time?

more or less same situation as you. good luck

http://www.easyexpat.com/forums/changin ... 15725.html

da_tnt · Post by **da_tnt** » Sun Sep 11, 2011 10:13 pm

Thank you for your reply,

This link is interesting but it is not quite my case.

I am not married yet and will do this in the Uk (not outside).

Please forget my student visa question, my question is : If someone waited 5 years to be eligible to apply for ILR, and before applying she gets married. Will her husband be granted ILR at the same time?

zebra3 · Post by **zebra3** » Sun Sep 11, 2011 10:19 pm

da_tnt wrote:Thank you for your reply,

This link is interesting but it is not quite my case.

I am not married yet and will do this in the Uk (not outside).

Please forget my student visa question, my question is : If someone waited 5 years to be eligible to apply for ILR, and before applying she gets married. Will her husband be granted ILR at the same time?

Under EU rules, you can apply for PR 5 years after you married.

zebra3 · Post by **zebra3** » Sun Sep 11, 2011 10:37 pm

then after marriage, I believe you will have a choice of either switching to FLR(M) (285) or applying for a residence card on form EEA2

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf

my brother went down the eu route to save on the Apllication fees when you do the flrm route etc. but the EU route is bit lenghty timewise.

good luck anyway

da_tnt · Post by **da_tnt** » Sun Sep 11, 2011 11:37 pm

thank you for the reply.

some friends told me that if we apply together for the ILR in October we will both get it.

Post by **vinny** » Mon Sep 12, 2011 3:22 am

I believe that your friends are wrong. zebra3 is correct.

da_tnt · Post by **da_tnt** » Mon Sep 12, 2011 2:53 pm

In that case isnt it better to wait untill she gets the ILR and then I marry her. I would have to wait only two years to get my ilr instead of 5 years with the eea2 application.

darlene82328 · Post by **darlene82328** » Mon Sep 12, 2011 4:01 pm

I understood that she is EEA national. Therefore, after 5 year exercising treaty right in the UK, she automatically gets Permanent Residence (please note this is different from ILR). She can apply for EEA 3 to have the documents.

However, she cant take anyone on the application form with her unless the family members are EEA nationals as well. You will need to apply for Residence Card via EEA 2 seperately following marriage. Then you will get five years Residence card. After five years marriage, you can apply for EEA 4 which is so called Permanent residence (PR), this is valid for 10 years and renewable. Please note your EEA status will depend on your wife. if you are no longer the family member of an EEA national, your EEA2/EEA4 will be revoked.

At the meantime, if you are satisfied the requirement to apply for ILR(indefinite leave to remain)under the UK rule, you can do so.

btw, my husband is Italian national. I have EEA2 and ILR

darlene82328 · Post by **darlene82328** » Mon Sep 12, 2011 4:18 pm

da_tnt wrote:In that case isnt it better to wait untill she gets the ILR and then I marry her. I would have to wait only two years to get my ilr instead of 5 years with the eea2 application.

Also 2 years spouse visa is only for British national's spouse

Post by **Greenie** » Mon Sep 12, 2011 4:33 pm

darlene82328 wrote:
da_tnt wrote:In that case isnt it better to wait untill she gets the ILR and then I marry her. I would have to wait only two years to get my ilr instead of 5 years with the eea2 application.
Also 2 years spouse visa is only for British national's spouse

that is incorrect. a person can apply for leave to remain/enter as the spouse of a person present and settled in the UK under para 281 of the Immigration Rules. The settled spouse does not need to be British.

Post by **Greenie** » Mon Sep 12, 2011 4:35 pm

darlene82328 wrote:I understood that she is EEA national. Therefore, after 5 year exercising treaty right in the UK, she automatically gets Permanent Residence (please note this is different from ILR). She can apply for EEA 3 to have the documents.

However, she cant take anyone on the application form with her unless the family members are EEA nationals as well. You will need to apply for Residence Card via EEA 2 seperately following marriage. Then you will get five years Residence card. After five years marriage, you can apply for EEA 4 which is so called Permanent residence (PR), this is valid for 10 years and renewable. Please note your EEA status will depend on your wife. if you are no longer the family member of an EEA national, your EEA2/EEA4 will be revoked.

At the meantime, if you are satisfied the requirement to apply for ILR(indefinite leave to remain)under the UK rule, you can do so.

btw, my husband is Italian national. I have EEA2 and ILR

This is incorrect. Once the family member of an EEA national has acquired PR, he can stay in the UK permanently. PR is not 'revoked' if the relationship breaks down.

Post by **Greenie** » Mon Sep 12, 2011 4:42 pm

da_tnt wrote:In that case isnt it better to wait untill she gets the ILR and then I marry her. I would have to wait only two years to get my ilr instead of 5 years with the eea2 application.

I'm confused surely you want to marry her regardless of her immigration status in the UK?

it's up to you which route you choose to go down. If she is not eligible for PR until October and your visa also expires in the same month you are leaving yourself little time to apply for leave to remain as her spouse under the immigration rules before your visa expires.

darlene82328 · Post by **darlene82328** » Mon Sep 12, 2011 5:02 pm

Greenie wrote:
darlene82328 wrote:
da_tnt wrote:In that case isnt it better to wait untill she gets the ILR and then I marry her. I would have to wait only two years to get my ilr instead of 5 years with the eea2 application.
Also 2 years spouse visa is only for British national's spouse
that is incorrect. a person can apply for leave to remain/enter as the spouse of a person present and settled in the UK under para 281 of the Immigration Rules. The settled spouse does not need to be British.

Yes, I agree with you on this one as I have forgotten about the ILR holders' spouse

darlene82328 · Post by **darlene82328** » Mon Sep 12, 2011 5:04 pm

Greenie wrote:
darlene82328 wrote:I understood that she is EEA national. Therefore, after 5 year exercising treaty right in the UK, she automatically gets Permanent Residence (please note this is different from ILR). She can apply for EEA 3 to have the documents.

However, she cant take anyone on the application form with her unless the family members are EEA nationals as well. You will need to apply for Residence Card via EEA 2 seperately following marriage. Then you will get five years Residence card. After five years marriage, you can apply for EEA 4 which is so called Permanent residence (PR), this is valid for 10 years and renewable. Please note your EEA status will depend on your wife. if you are no longer the family member of an EEA national, your EEA2/EEA4 will be revoked.

At the meantime, if you are satisfied the requirement to apply for ILR(indefinite leave to remain)under the UK rule, you can do so.

btw, my husband is Italian national. I have EEA2 and ILR

This is incorrect. Once the family member of an EEA national has acquired PR, he can stay in the UK permanently. PR is not 'revoked' if the relationship breaks down.

I dont agree with you on this one though. I have read through the EEA law this morning. There is an indication that the reason EEA4 is 10 years is because of the reason I specified above. However, dicretion will be given on specific circumstances.

da_tnt · Post by **da_tnt** » Mon Sep 12, 2011 5:30 pm

This is incorrect. Once the family member of an EEA national has acquired PR, he can stay in the UK permanently. PR is not 'revoked' if the relationship breaks down.

Surely I want to get married with her regardless of the immigration, but at the same time I have been offered some jobs and they won't be able to sponsor me with a Tier 2 visa. My ultimate goal is to get PR or british nationality and settle here in the uk and work.

So I can't risk getting out of the country so I am looking for the safest option. You are saying that when the EEA acquires PR, I will get PR and this is not revoked if the relationship breaks down. Can I ask you how long after she gets the PR I can apply for the PR? Can we do a joint application? What is the processing time?

Post by **Greenie** » Mon Sep 12, 2011 5:31 pm

darlene82328 wrote:
I dont agree with you on this one though. I have read through the EEA law this morning. There is an indication that the reason EEA4 is 10 years is because of the reason I specified above. However, dicretion will be given on specific circumstances.

You are mistaken.

The document is issued for a 10 year period and may be renewed after this. The document merely confirms that the person has acquired permanent residence.

Permanent residence is only lost if the person leaves the UK for more than 2 years or, if removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21. PR is not lost merely because the person ceases to be a family member. Once the non EEA national has acquired PR s/he is no longer reliant on the EEA national.

See regulation 15(2) and 19(2)(b) of the EEA Regulations

Post by **Greenie** » Mon Sep 12, 2011 5:35 pm

da_tnt wrote:
This is incorrect. Once the family member of an EEA national has acquired PR, he can stay in the UK permanently. PR is not 'revoked' if the relationship breaks down.
Surely I want to get married with her regardless of the immigration, but at the same time I have been offered some jobs and they won't be able to sponsor me with a Tier 2 visa. My ultimate goal is to get PR or british nationality and settle here in the uk and work.

So I can't risk getting out of the country so I am looking for the safest option. You are saying that when the EEA acquires PR, I will get PR and this is not revoked if the relationship breaks down. Can I ask you how long after she gets the PR I can apply for the PR? Can we do a joint application? What is the processing time?

I am not saying that at all. I was saying that once you acquired PR you will not lose it if your marriage breaks down. You have already been correctly advised that you cannot apply for permanent residence at the same time as your partner. You either need to complete 5 years under the EEA regulations as her family member or apply for further leave to remain as her spouse under the immigration rules.

da_tnt · Post by **da_tnt** » Mon Sep 12, 2011 5:37 pm

After she gets her PR isn't she eligible for UK citizenship? If we wait and get married after she gets citizenship I will have to wait 2 years instead of 5, is that correct?[/quote]

Post by **Greenie** » Mon Sep 12, 2011 5:43 pm

she can apply for citizenship once she has had ILR for one year, and providing she meets the other standard requirements.

Waiting to marry and apply for the visa after she gets citizenship will just delay the process for you for another year - it is the same application for you regardless of whether she has PR or is a British Citizen. Once she has acquired permanent residence you can apply for leave to remain as her spouse, you do not need to wait for her to be British.

reda · Post by **reda** » Tue Sep 13, 2011 7:50 am

Greenie wrote:she can apply for citizenship once she has had ILR for one year, and providing she meets the other standard requirements.

Waiting to marry and apply for the visa after she gets citizenship will just delay the process for you for another year - it is the same application for you regardless of whether she has PR or is a British Citizen. Once she has acquired permanent residence you can apply for leave to remain as her spouse, you do not need to wait for her to be British.

hi,i wondering if your wife(eea) get her british citizen before you get your permanent residente do you still familly of eea than u can use eea4 application or not ?.

mcovet · Post by **mcovet** » Tue Sep 13, 2011 12:33 pm

if her country of origin allows dual citizenship, she is still an EEA national. If not, then she loses her original nationality and becomes british, then you may not use the route anymore. Therefore, find out if she is allowed dual citizenship and if not, wait until YOU get PR.

reda wrote:
Greenie wrote:she can apply for citizenship once she has had ILR for one year, and providing she meets the other standard requirements.

Waiting to marry and apply for the visa after she gets citizenship will just delay the process for you for another year - it is the same application for you regardless of whether she has PR or is a British Citizen. Once she has acquired permanent residence you can apply for leave to remain as her spouse, you do not need to wait for her to be British.
hi,i wondering if your wife(eea) get her british citizen before you get your permanent residente do you still familly of eea than u can use eea4 application or not ?.

Punjab · Post by **Punjab** » Tue Sep 13, 2011 3:33 pm

YOU HAVE TO APPLY FOR EEA RESIDENCE VALID FOR 5 YEARS...

AFTER LIVING WITH YOUR PARTNER FOR 5 YEARS OF CONTINUOPUS MARRIGE YOU CAN APPLY FOR PR IN 5 YRS..

UNLESS SHE APPLIES FOR BRITISH PASSPORT/CITIZENSHIP AND IN THAT CASE ITS 3 YEARS...

NOW SHE NEED TO PAY ALL THE TAXES AND NOT DEPENDENT ON STATE...

OR SELF EMPLOYES OR HAVE CSI...

BEST OF LUCK...

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Can I apply for PR if I marry an EEA who is eligible to PR

Can I apply for PR if I marry an EEA who is eligible to PR

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