Question: EEA Family Member ILR Application

[ewangai]

Hi All,

I'm currently on the EEA Family member card with 2 years to run before expiry and was wondering if I can apply for an ILR right now based on Long Residence instead. I have been in the UK for 15 years, crime free, all provable and fulfill all the requirements regarding earnings etc.

To summarise, Can I apply for ILR right now instead of waiting for my current card to lapse?

The main reason for this is I want to buy a flat and lenders are not that keen to lend when there's an expiry date on the Residence Card.

Any help will be greatly appreciated.

[CR001]

There is no earning or financial requirement for ILR LR.

Do you have ALL the evidence of your EEA/EU sponsor exercising treaty rights and being a qualified person for the FULL period that you are claiming to be an EEA FM?

Are your absences within the limit, both as a whole for the 10 years and not single absence of more than 180 days?

Do you have any gaps in visas during the 10 years?

[ewangai]

Thanks for the reply!

1. Yes I have all the relevant documents

2. I have not be outside the UK for more than the stipulated amount of days. The most I've done is a 4 week holiday on one of the years.

3. I have a pretty straightforward immigration history with no gaps.

My question was mainly to do with the fact I have 2 years left to run on my current leave to remain but since I have already qualified for LR, though I might just jump on that. The only guidance on the official docs regarding this seems to be the stipulation that one should apply 28 days before the current leave expires. My scenario obviously exceeds that by quite a bit.

Would it be okay to apply now or will I just waste money on a guaranteed rejection?

Best regards

[CR001]

My question was mainly to do with the fact I have 2 years left to run on my current leave to remain but since I have already qualified for LR, though I might just jump on that. You do not hold a 'leave to remain' visa. You do not have a visa. EEA FM is not a visa.

The only guidance on the official docs regarding this seems to be the stipulation that one should apply 28 days before the current leave expires. My scenario obviously exceeds that by quite a bit. That is not what the Set(LR) guidance says. It says you can apply up to 28 days before your reach the 10 years residence mark.

Would it be okay to apply now or will I just waste money on a guaranteed rejection? If you have all the EEA treaty rights/qualified person evidence (not yours), you can apply. No one on the forum can tell you if you are guaranteed to get ILR.

Best regards