ILR & public fund

[majaseem]

Hi John and others,

I found you as a genious , My wife and my self both currently got EEA family permit visa holder through my french citizen brother. we are planning to apply ILR in July 2011 after 10 yrs of mine. we both joinly claim child benefit & Child tax credit . Will this be a probelm for my ILR . If so can I cancel the benefit before apply for ILR . please advise Urgent.
Thank very much in advance.

[John]

I am struggling to understand how you and your wife have any ability to claim any benefits. As I see it, please confirm, neither of you is living with an EEA National. Is that correct?

[Greenie]

Hi John and others,

I found you as a genious , My wife and my self both currently got EEA family permit visa holder through my french citizen brother. we are planning to apply ILR in July 2011 after 10 yrs of mine. we both joinly claim child benefit & Child tax credit . Will this be a probelm for my ILR . If so can I cancel the benefit before apply for ILR . please advise Urgent.
Thank very much in advance.

You can't apply for ILR if you are here under the EEA Regulations. You acquire PR after 5 years of being here in accordance with the regs.

You seem to be suggesting that you are going to apply for ILR under the 10 year rule - have I understood this correctly?

[majaseem]

Hi John ,Greenie and others,
Thanks very much for your replies and My wife & myself both living with my brothers family. we got the EU family permit under extended family category. I came to uk in 2001 as a student and later got work permit and In 2008 we both got EU family permit through my French citizen brother. I was told that after 10 years of my stay legally in uk eligibal to apply ILR. please correct me if you wrong. Hope this information help to undestand my situation. please help. Thanks again.
I would expect both of your reply please.

[John]

I was told that after 10 years of my stay legally in uk eligibal to apply ILR. please correct me if you wrong.

You are wrong. In 2008 you moved to the EEA route and that re-set the clock. But after 5 years of exercising Treaty Rights in the UK, sometime in 2013, you can apply for PR .... Permanent Residence .... the EEA-route equivalent of ILR.

[majaseem]

Hi John,
Thanks very much for the reply and highly appreciated , however my query was claiming the benefit as I mentioned we are, will this effect the rights of our ILR in 5 year of completion on EU family permit .
Thanks in advance.

[geriatrix]

See also 2.3.8.

[John]

sushdmehta, thanks for pointing out about 2.3.8. Interesting.

majaseem, I am not sure that you living with your brother assists with the benefits, as regards an application for ILR.

[majaseem]

Hi John & Sushmehta: Thanks again currently I am living with my brothers family , however on benefit we claim seperate to my brothers family.
Sushmehta: Thanks again. section 2.3.8, I read through few times I couldn't get If our time spending as EEA family count for Long time residency or not. my undestanding was on 2nd paragragh on 2.3.8 says NO to count as lawful residence. however 3rd paragraph says YES to count as lawful residence. which relevant to our circumstances.

Please John and Susmehta help me to clarify this and also I am not clear on "SUBJECT TO IMMIGRATION CONTROL & LEAVE TO ENTER OR REMAIN" context please .

Thanks again for both of you and all others.

[John]

Thanks again currently I am living with my brothers family , however on benefit we claim separate to my brothers family.

That is exactly the point that concerns me. I am not at all sure you are entitled to claim those benefits.