Immigrationboards.com

Hi,

I "think" I am eligible to apply for ILR but not 100% sure. I arrived in the UK in July 2010 on a Tier 2 visa, then in May 2011 I changed my visa to a EEA family visa which I've been on since (this expires in May 2016).

Now I've been in the UK now for over 5 years and never really been out of the country for more than a couple of weeks a year.

Is anyone able to advise? Also, I've been reading the SET(O) form (I think I used this one) and it says I need to apply for a BRP before I apply for ILR, is this correct?

You don't qualify for ILR. For Set(O) you need 5 years on Tier 1 or Tier 2, you cannot combine different categories like you have to make 5 years.

You will need to wait for 5 years as an EEA FM to apply for PR (permanent residency) under the EEA rules as the UK immigration rules are no longer applicable to you.

Thanks for the quick response. My concern is that my employer has said they are worried about my employment if I don't get my ILR before the expiry date of my existing visa.

I did read that you can apply no earlier than 28 days prior to the expiry of the existing EEA visa? Is this correct?

You attain PR after 5 years as long as your EU spouse has been exercising treaty rights. You apply for 'confirmation of permanent residence'. You don't become 'illegal' when your family permit expires as long as your wife continues to exercise treaty rights. You can apply fro another family permit if you wish.

You do not apply for ILR as you don't qualify because you are not on the UK Immigration rules route.

Ok, looks like I might apply to extend my existing EEA visa as I feel safer with that extended.

After reading some threads, it looks like I need to apply the standard way using the EEA Residence Card form. Is there a quicker way to renew is you've already got an EEA visa? I remember the last time I applied it took 6 mths.

Or you could just apply for a permanent residence card towards the end of your existing residence card if you qualify for it. That's usually the next step to take from what I've read thus far.

Hey Guys,

Just to advise, I've spoken to two separate immigration solicitor companies in london and they have both advised that it's incorrect that I'm not eligible for PR. The law (apparently) states that I must reside in the UK for a minimum of 5 lawful years (irrelevant of visa). This means that I can mix the time spent on my Tier 2 and EEA together.

They've advised that the 5 consecutive years actually pends around the 5 years of time which the EEA national has completed their treaty rights (and my time too). Because my wife moved here with me whilst I was on my Tier 2 and she was working (she got a job pretty quickly).

Hey Guys,

Sorry my apologies, looks like the immigration solicitor was wrong, I just spoke with the HO and they advised exactly what you said above, I need to complete the 5 yrs.

Just goes to show you need to be careful what you hear.