Post
by leighsabine » Tue Jan 24, 2012 2:17 pm
Hello all,
I'd really appreciate some advice, since I keep getting conflicting info (from UKBA, checking service, immigration lawyers) and would prefer not to waste my money anymore!!
I am a South African passport holder, married to a German passport holder, currently living in London for almost 10 years.
I was initially granted an 'unmarried partner of an EEA National" visa for 2 years, which I then renewed for a further 3 years. During which time we got married and have been married for just over 2 years now.
I was told I wouldn't need to apply for ILR since I qualify for the automatic Permanent Residence after 5 years as a family member of an EEA national. So I didn't apply for ILR.
After a year on this supposed 'permanent resident' status (6 year rule), I went off the the council checking service this morning to apply for naturalisation and they informed me I do not qualify as I have only been married for 2 years and the previous time on the unmarried visa does not count, as it does not count as a Family Member. This is despite the fact I can prove we have been living together in a stable relationship for the past 8 years, are currently married and have a child!!
So, to recap:
2006 - 2008 Residence Permit (Unmarried partner of EEA national)
2008 - 2013 Residence Documentation (Residence Card of a family
member of an EEA National)
2009 - Get married
2011 - Supposed start of automatic Permanent Residence
2012 - Naturalisation ?!?!
So what do I do now?!
Sorry for the essay - any advice greatly welcomed!!
Thank you,
Sabine