PR of another EU country have any affect on UK ILR applicati

ashj · Post by **ashj** » Mon Oct 01, 2007 11:06 pm

Hi,
If possible, can you please advise on my personal situation from UK immigration law point of view.
Here is my personal circumstances (in chronological order) I would like advise for.

I am a Non EU national currently resident in United Kingdom on work permit since Jan 2005.

I immigrated to a EU country ( other than UK, I will name that country as EUX for better understanding ) from my home country in July 1999 on a Work Permit to work there.
I resided and worked in EUX from July 1999 till Jan 2005 on Work Permit for EUX.
I had valid residence permit for EUX till Jan 2006.
I immigrated to United Kingdom from EUX in Jan 2005 on a UK work permit.
I continue to reside in United Kingdom on work permit since Jan 2005 and pay all my taxes in United Kingdom..
I continued to travel to EUX on short business or pleasure trip and I am keeping an address in EUX (My friend's address) so that all the posts originated from EUX goes to my EUX address.
I became eligible for permanent residency of EUX in Jan 2006 by virtue of having 5 year residence permit in EUX. I traveled to EUX from United Kingdom and got Permanent Residence Permit sticker stamped on my passport.
I continue to travel to EUX on very short business and pleasure trips.
From Jan 2005 to Aug 2006 I lived in rented apartment in United Kingdom.
In Aug 2006 I bought a house in Unitred Kingdom and live in my my own house since then.
My national passport got expired in June 2007.
I got my renewed passport in June 2007 from my country embassy in United Kingdom.
I got my EUX Permanent Residence permit transferred from my expired passport to my renewed passport by contacting that country Embassy in United Kigdom.

Here is my question :

If I continue to keep EUX permanent residency while I continue to reside in United Kingdom on work permit, will it have any adverse affect on my application when I become eligible to apply for "Indefinite Leave to Remain" in United Kingdom after residing in United Kingdom for 5 years (Jan 2005 to Jan 2010) on work permit or naturalization as a British Citizen in future.

Please advise.

Post by **JAJ** » Tue Oct 02, 2007 3:40 am

What country is it?

Dawie · Post by **Dawie** » Tue Oct 02, 2007 10:26 am

As long you meet all the legal requirements to obtain ILR in the UK and it is clear that your maintenance of permanent residence in the other country does not contradict the requirements for ILR in the UK, I don't see any problem.

The fact that the other country is a member of the EU is irrelevant.

avjones · Post by **avjones** » Tue Oct 02, 2007 1:15 pm

"I became eligible for permanent residency of EUX in Jan 2006 by virtue of having 5 year residence permit in EUX"

Sounds well dodgy to me, given you weren't in any real sense residing there. How are you going to explain that to the HO?

ashj · Post by **ashj** » Tue Oct 02, 2007 10:12 pm

Hi Amanda,

Thanks for your reply.
Will it matter to HO how and when I got permant residency of another EU country while residing in UK as long as I meet all the legal requirements of lawful 5 year residence in UK with mimilal absence from UK before applying for ILR in UK?

Please reply.

ashj · Post by **ashj** » Tue Oct 02, 2007 10:16 pm

Jaj, Country is Sweden. Please let me know your openion.

Guru, thanks for your reply!

avjones · Post by **avjones** » Wed Oct 03, 2007 1:43 am

You have presumably made all sorts of declarations that you were residing in Sweden, and now intend to make contrary declarations that you were actually not telling the truth about that and living here.

Post by **archigabe** » Wed Oct 03, 2007 1:48 am

I think the UK authorities will have a careful look at the dates of residency. If the dates don't match, you might not be eligible.

ashj · Post by **ashj** » Wed Oct 03, 2007 10:31 am

Hi Amanda,

This is where my question comes in.
Would it really matter for HO what declaration I have given in other countries as long as I can prove that I am lawfully living and working in UK since last 5 years?

avjones · Post by **avjones** » Wed Oct 03, 2007 12:21 pm

It might matter for 2 reasons. They might not believe you were actually here as you say, given the false declaration you made before.

Further, it might be an adverse point under character.

ashj · Post by **ashj** » Wed Oct 03, 2007 12:59 pm

Hi Amanda,

Thanks for your reply.
What would be your advise in this case?

avjones · Post by **avjones** » Wed Oct 03, 2007 1:11 pm

Be prepared to do some explaining, should they notice.

ashj · Post by **ashj** » Wed Oct 03, 2007 2:09 pm

Thanks for ur advise.

Tell you the truth what happened.

I came to UK on temporary work permit in 2005 so I did not what to lose my entitlement for Swedesh PR in 2006 as I was not sure how my furure was going to look like in UK. I explained the accessing officer in Sweden that I am not living in Sweden since last 1 year yet I intended to come back after my work in UK is finished hence he granted PR to me. Untill now there was lack of stability in my job but Now situation have changed hence my plans. I am now on HSMP and got stability in my UK job and I wish to make UK my permanent home hence made investment in UK (bought home ).

Do you think it is good explanation of what happened, should they notice Swedesh PR in my passport.

One more advise :
Should I apply for ILR via post or in person at IPO? which has more chance of getting it noticed?

Should I apply for ILR via a immigration lawyer or on my own in case they ask for explanation?

Regards
ashj

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PR of another EU country have any affect on UK ILR applicati

PR of another EU country have any affect on UK ILR applicati