ILR - Spouse got Irish & British Nationality

[nahmed]

Hello All,

I am asking this for a friend of mine.

He has a 5 Year EEA Resident Permit which was applied for him using his spouse's IRISH Nationality. She is also a British National and stayed in Britain all her life but was born in Ireland. My friend overstayed for couple of months so the Lawyer advised to Apply as an EEA dependent which went through successfully.

3 Years back my friend also registered his marriage to a british citizen after asking permission from the Home Office. He however, did not get his visa changed and is still on the EEA permit.

He is a qualified Engineer and works to support his family. They get some working family tax credit on top. His wife doesnt work and looks after their 3 kids.

Now he is due for his ILR and wishes to know his options.

We understand that he obviously can apply ILR via the EEA route. His wife not working during the last 5 years, can that create a problem for him?

Secondly, can he apply for ILR as the spouse of a British Citizen while not being on FLR(M) initially?

Your help would be really appreciated. Moderators/Senior Members, please advise.

I will try to post the questions on the EEA Forum also for seniors there to advise as well.

Thanks in Advance.

[geriatrix]

He cannot apply for ILR (under UK immigration laws) but only PR (under EU directives) - because he is not in the UK under UK immigration law.

Registering the marriage in the UK is irrelevant.

[nathano]

Hello All,

I am asking this for a friend of mine.

He has a 5 Year EEA Resident Permit which was applied for him using his spouse's IRISH Nationality. She is also a British National and stayed in Britain all her life but was born in Ireland. My friend overstayed for couple of months so the Lawyer advised to Apply as an EEA dependent which went through successfully.

3 Years back my friend also registered his marriage to a british citizen after asking permission from the Home Office. He however, did not get his visa changed and is still on the EEA permit.

He is a qualified Engineer and works to support his family. They get some working family tax credit on top. His wife doesnt work and looks after their 3 kids.

Now he is due for his ILR and wishes to know his options.

We understand that he obviously can apply ILR via the EEA route. His wife not working during the last 5 years, can that create a problem for him?

Secondly, can he apply for ILR as the spouse of a British Citizen while not being on FLR(M) initially?

Your help would be really appreciated. Moderators/Senior Members, please advise.

I will try to post the questions on the EEA Forum also for seniors there to advise as well.

Thanks in Advance.

He should be able to apply for Permanent Residence under EU rules, as long as he can prove that they have sufficient funds and income to support themselves. As long as there has been a family income they should be OK. Having claimed benefits could impact your application.