non EU family member applying for ILR from abroad

[elly789]

HI everyone,
Some background info:
We are a couple, European with ILR + me, non EU citizen with EU residence card (family permit).

We were intending to apply for ILR as it's 5 yrs of lawful residence, however I (non EU with EU residence card) have been offered a job in a non EU country which would allow us to save some money prior to coming back to uk.

My EEA residence card expires in october next year.

We are now unsure on what to do, there are 2 options:
can we apply for the ILR from outside UK if we both relocate?
Can I apply from outside UK on my own if she stays in UK?
Will this affect my future UK citizenship application?

We are intending to stay outside the EU for a year, no more.

Thanks in advance for your help.

[askmeplz82]

ILR/PR can be lost after 2 years absence from the UK
But you NON EEA national how you will prove that you lived 5 years in the UK as a family member of an EU national ( residency requirement for PR ) . absence 6 months allowed i think

You can't apply for PR from outside

please have a look at here...

https://www.whatdotheyknow.com/request/ ... ent_evalua

[elly789]

Thanks for the advice. But I have already been 5 years with the EU family member and lawfully as of December last year..does that get all erased if I go abroad for more than 6 months?

[elly789]

Is it better than if I DON'T apply for ILR and apply for british citizenship directly?

Can I do this outside UK?

[askmeplz82]

Thanks for the advice. But I have already been 5 years with the EU family member and lawfully as of December last year..does that get all erased if I go abroad for more than 6 months?

Ok why don't you send PR application now. Hopefully you will receive it in a month. If not you can request your passport back after you receive COA and travel with it. You will still receive PR but it will be in a A4 paper.

read more here...

http://www.immigrationboards.com/eea-ro ... 99483.html

[elly789]

Thanks I didn't know about the A4 sheet!
The post seems to be from a few years ago - where can I confirm that you still receive this?
Also, is this sheet valid afterwards?

So if we have the A4 sheet, are we able to travel for a year come back and apply for British citizenship?

[Jambo]

So if we have the A4 sheet, are we able to travel for a year come back and apply for British citizenship?

Probably no because you will not meet the residence requirements for naturalisation.

[obormot]

I applied for EEa2 for my mother last July, then got her passport back, and she left UK in December (family reasons). We got her residence on A4 sheet of paper a couple of weeks ago. I will send send it to her now, and I have all reasons to believe she will not have any problem to return.
If you have right to apply to ILR already, I would apply now, and would ask for passport return immediately after I get acknowledgement that they got your application (we did that, and got our passports back abut 3 weeks after submitting them)

[elly789]

Thanks guys this is helpful.

It seems odd we spent over 10 yrs each in this country and if we spend 1 yr abroad we cannot apply for naturalisation..

Would it make a difference if the EU becomes British prior to traveling abroad?

[Jambo]

You won't be able to go away for 1 year and come back and apply immediately as you will not meet the residence requirements (minimum absence days). Depending on the number of absences, you will be able to apply further down the line once you meet the requirement.

[elly789]

OK. thanks Jambo.
So I can see on the website less than 300 days are disregarded? SO if we stay there 10 months it would be still possible to apply for naturalisation. But then it also says less than 180 if its the last year, what does that mean - last qualifying year or the year your applying ?

[Jambo]

Not sure where you were looking but these are the standard requirements for naturalisation.