ILR

montgomary · Post by **montgomary** » Wed Sep 07, 2011 6:20 pm

Hi guys,
I m here in the uk as family member of an EEA citizen (Resident Document ) my current status expiring in 2016
And i been here in the uk for 8 years.
Now my question is, can i apply ILR after completion of my 10 years on Human right basis? If not then why
If somebody can help me out that would b much appreciated
Thanx guys[/code]

Post by **Lucapooka** » Wed Sep 07, 2011 6:32 pm

People who are in the UK under EU rules can apply for ILR under long residence on a discretionary basis. That usually being they are not able to qualify for PR but have made 10 years in an aggregation of UK and EU leave. The reasons for this could be due to divorce with their EU partner and not able to retain residence rights that carries them to five years (but having been in the UK for 10 years at the time), or that the EU partner is leaving the UK and will the break residence for the non-EU partner (but having been in the UK for 10 years at that time.
Long Residence 2.3.8

darlene82328 · Post by **darlene82328** » Sat Sep 10, 2011 9:21 pm

Hi montgomary

I am able to answer this question. I got my EEA2 last year and applied for ILR in June. Just received it back yesterday. As long as you have legally lived in this country for 10 years,satisfying other requirements, no matter what categories you are under, you are qualified to apply for ILR

Now I have a question: is my EEA2 still valid for me to travel to EU countries?

Post by **Lucapooka** » Sat Sep 10, 2011 9:26 pm

darlene82328 wrote:Now I have a question: is my EEA2 still valid for me to travel to EU countries?

It never was. Your entry into other EU countries was on the basis of traveling with your EU partner or to join your partner in the destination state. You were not permitted to travel alone and gain entry by showing your residence card issued by the UK. If you did then perhaps you have a passport from a country that is not required to apply for a Schengen visa?

darlene82328 · Post by **darlene82328** » Sun Sep 11, 2011 11:11 am

[quote="Lucapooka"][quote="darlene82328"]Now I have a question: is my EEA2 still valid for me to travel to EU countries?[/quote]
It never was. Your entry into other EU countries was on the basis of traveling with your EU partner or to join your partner in the destination state. You were not permitted to travel alone and gain entry by showing your residence card issued by the UK. If you did then perhaps you have a passport from a country that is not required to apply for a Schengen visa?[/quote]

Hi

Yes, that is what I meant, to travel with my EEA national. The concern I have is whether my residence card is revoked at the moment I have got my ILR or I can still use it to travel with my Italian partner?

Thanks

Post by **Lucapooka** » Sun Sep 11, 2011 11:17 am

It's not about the residence card, it's about the relationship. If you are still the non-EU partner of an EU national, you may accompany that person and having ILR in the UK is not relevant to that.

darlene82328 · Post by **darlene82328** » Sun Sep 11, 2011 5:53 pm

[quote="Lucapooka"]It's not about the residence card, it's about the relationship. If you are still the non-EU partner of an EU national, you may accompany that person and having ILR in the UK is not relevant to that.[/quote]

I think I understand what you mean now. So the residence card can be used to travel with my italian partner regardless my status of holding ILR and I do not need to apply for Schengen Visa to travel with him.

Post by **Lucapooka** » Sun Sep 11, 2011 7:06 pm

Your RC is relevant to the UK only and has no significance or practical use outside the UK. Your partner is the key to your status outside the UK in other EEA states.

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