Immigrationboards.com

Hi ,

This December i will be applying for ILR , i have completed my 5 yours route as a spouse of EAA national family member , my question is: could I apply with my new wife 's passport British passport ( she is british since 2013) instead of her European passport , I am not fussed about the fees , please assist me with with this .

Thank you very much

You cannot apply for ILR under the UK immigration rules as you do not hold a visa under the UK immigration rules to qualify for ILR.

Also, what date did you get married and what date did you apply for your residence card?

Hi ,

I have a visa under the UK immigration rules, i have a 5 years Residence document as family member of EAA national on my passport , i can work and travel, it will expire on december 2017 .

Aich03 wrote: ↑

Tue Oct 10, 2017 9:56 pm

Hi ,

I have a visa under the UK immigration rules, i have a 5 years Residence document as family member of EAA national on my passport , i can work and travel, it will expire on december 2017 .

A Residence Permit isn't issued under the UK Immigration Rules. You also have a potential problem as your EEA national spouse has been granted British citizenship and hasn't been unable to sponsor you since the date they became a BC. .

So What I can do when my 5 years Residence permit expires on December ? to have a ILR , my wife and 3 children are all british now

CR001 wrote: ↑

Tue Oct 10, 2017 9:43 pm

You cannot apply for ILR under the UK immigration rules as you do not hold a visa under the UK immigration rules to qualify for ILR.

Also, what date did you get married and what date did you apply for your residence card?

i got married on november 2011, and i applied for my residence card straight after that , i have been granted Leave to enter (residence permit) on december 2012, my wife has been naturalised in 2013 , became british.
Could i still apply for ILR woth her British passport ?

Casa wrote: ↑

Tue Oct 10, 2017 10:27 pm

Aich03 wrote: ↑

Tue Oct 10, 2017 9:56 pm

Hi ,

I have a visa under the UK immigration rules, i have a 5 years Residence document as family member of EAA national on my passport , i can work and travel, it will expire on december 2017 .

A Residence Permit isn't issued under the UK Immigration Rules. You also have a potential problem as your EEA national spouse has been granted British citizenship and hasn't been unable to sponsor you since the date they became a BC. .

She does not have to sponsor me as i am working as i am a manager at a financial institution, also we never claim a penny from the public fund

Under the EEA Regulations, your employment is irrelevant. You can't apply for ILR as you don't hold a spouse visa under the UK Immigration Rules.

Your wife should have waited until you qualified for Permanent Residence (PR) before applying for British citizenship.

Casa wrote: ↑

Tue Oct 10, 2017 10:56 pm

Under the EEA Regulations, your employment is irrelevant. You can't apply for ILR as you don't hold a spouse visa under the UK Immigration Rules.

Your wife should have waited until you qualified for Permanent Residence (PR) before applying for British citizenship.

I have a spouse visa for 5 years , and it will expire on december 2017 , thats what i am talking about .my question is could i apply for ILR with a british cictzen as my wife changed status

Aich03 wrote: ↑

Tue Oct 10, 2017 9:56 pm

Hi ,

I have a visa under the UK immigration rules, i have a 5 years Residence document as family member of EAA national on my passport , i can work and travel, it will expire on december 2017 .

A spouse visa under the UK Immigration rules and a 5 year residence document as a family member of EEA national are different.

Do you have both or just one?

vinny wrote: ↑

Wed Oct 11, 2017 2:41 am

Aich03 wrote: ↑

Tue Oct 10, 2017 9:56 pm

Hi ,

I have a visa under the UK immigration rules, i have a 5 years Residence document as family member of EAA national on my passport , i can work and travel, it will expire on december 2017 .

A spouse visa under the UK Immigration rules and a 5 year residence document as a family member of EEA national are different.

Do you have both or just one?

I have residence card for family member of EEA national

Aich03 wrote: ↑

Wed Oct 11, 2017 2:09 pm

vinny wrote: ↑

Wed Oct 11, 2017 2:41 am

Aich03 wrote: ↑

Tue Oct 10, 2017 9:56 pm

Hi ,

I have a visa under the UK immigration rules, i have a 5 years Residence document as family member of EAA national on my passport , i can work and travel, it will expire on december 2017 .

A spouse visa under the UK Immigration rules and a 5 year residence document as a family member of EEA national are different.

Do you have both or just one?

I have residence card for family member of EEA national

Which is why you are not able to apply for ILR under the UK immigration rules.

You will need to apply for PR under the EU rules provided your spouse was a qualified person exercising treaty rights for the last 5 years and has evidence to prove it.