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Can holder of 5 year EU resident permit in UK apply for ILR?

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

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rebeccap
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Can holder of 5 year EU resident permit in UK apply for ILR?

Post by rebeccap » Fri Sep 14, 2012 12:03 am

Hi, can anyone please help me with this?

I have been in UK for over 6 years and hold an EU resident permit which was iuused as i am married to an EU national. We are not together anymore and I want to know if I can apply for Indefinate Leave to Remain in UK after the 5 year permit, event if I am seperated from my husband? [/b]

geriatrix
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Post by geriatrix » Fri Sep 14, 2012 12:29 am

You cannot apply for ILR but may still be able to apply for PR (under EU directives).
Moved topic to EU forum.
Life isn't fair, but you can be!

EUsmileWEallsmile
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Re: Can holder of 5 year EU resident permit in UK apply for

Post by EUsmileWEallsmile » Fri Sep 14, 2012 7:09 am

rebeccap wrote:Hi, can anyone please help me with this?

I have been in UK for over 6 years and hold an EU resident permit which was iuused as i am married to an EU national. We are not together anymore and I want to know if I can apply for Indefinate Leave to Remain in UK after the 5 year permit, event if I am seperated from my husband? [/b]
Are you still married? What does your husband do in the UK?

rebeccap
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Re: Can holder of 5 year EU resident permit in UK apply for

Post by rebeccap » Fri Sep 14, 2012 10:20 am

EUsmileWEallsmile wrote:
rebeccap wrote:Hi, can anyone please help me with this?

I have been in UK for over 6 years and hold an EU resident permit which was iuused as i am married to an EU national. We are not together anymore and I want to know if I can apply for Indefinate Leave to Remain in UK after the 5 year permit, event if I am seperated from my husband? [/b]
Are you still married? What does your husband do in the UK?
we are still married, but he left a month ago, he works in a supermarket as a cleaner.

EUsmileWEallsmile
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Re: Can holder of 5 year EU resident permit in UK apply for

Post by EUsmileWEallsmile » Fri Sep 14, 2012 1:53 pm

rebeccap wrote: we are still married, but he left a month ago, he works in a supermarket as a cleaner.
If he lived in accordance with the regs for five years (him working would be a good example) and you lived with him, you will have qualified for PR.

Can you demonstrate that he was working and that you lived in the UK at the same time as each other?

rebeccap
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Re: Can holder of 5 year EU resident permit in UK apply for

Post by rebeccap » Fri Sep 14, 2012 2:06 pm

EUsmileWEallsmile wrote:
rebeccap wrote: we are still married, but he left a month ago, he works in a supermarket as a cleaner.
If he lived in accordance with the regs for five years (him working would be a good example) and you lived with him, you will have qualified for PR.

Can you demonstrate that he was working and that you lived in the UK at the same time as each other?
we have been married for just over 3 years, i have been working for 5 years, as was he since we got married. am I right to understand that after my 5 year EU resident permit, even if we are not married by then, I can apply for permanent resident status?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Sep 14, 2012 2:11 pm

You need to read article 13 of directive 2004/38/EC and check if you meet the conditions. If having done so you still have questions, post back.

john987
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Post by john987 » Fri Sep 14, 2012 6:04 pm

Eusmile i cant understand why you saying her that she should live with her husband to qualify for pr under eu regulation.she dont need to live with her husband whole 5 year in same roof.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Sep 14, 2012 10:25 pm

john987 wrote:Eusmile i cant understand why you saying her that she should live with her husband to qualify for pr under eu regulation.she dont need to live with her husband whole 5 year in same roof.
sorry - re-read thread, but don't see where that's mentioned.

john987
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Re: Can holder of 5 year EU resident permit in UK apply for

Post by john987 » Fri Sep 14, 2012 10:36 pm

EUsmileWEallsmile wrote:
rebeccap wrote: we are still married, but he left a month ago, he works in a supermarket as a cleaner.
If he lived in accordance with the regs for five years (him working would be a good example) and you lived with him, you will have qualified for PR.

Can you demonstrate that he was working and that you lived in the UK at the same time as each other?
I Know you were asking her past stay with him.but still she dont have to live with him for her to gain pr.

EUsmileWEallsmile
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Re: Can holder of 5 year EU resident permit in UK apply for

Post by EUsmileWEallsmile » Sat Sep 15, 2012 6:55 am

john987 wrote:
EUsmileWEallsmile wrote:
rebeccap wrote: we are still married, but he left a month ago, he works in a supermarket as a cleaner.
If he lived in accordance with the regs for five years (him working would be a good example) and you lived with him, you will have qualified for PR.

Can you demonstrate that he was working and that you lived in the UK at the same time as each other?
I Know you were asking her past stay with him.but still she dont have to live with him for her to gain pr.
I am aware of case 267/83 Diatta. If you read my post, I never said that the OP needed to live under the same roof.

"Lived with" EU national means living in the member state at the same time as the EU national is living in accordance with the regulations. There are other presuppositions, but I'm not going to list them exhaustively.

Thanks for the clarification anyway.

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