British ILR

[sunita.samaria]

Hope some one can help me here !!!!

In March 1999, my Husband arrived on a work permit in the UK from India. I and my husband are married since 1998 (so we were married before he came to UK). I joined him in the UK in March 2001 along with my only son who was born in 1999 in India. I kept getting dependent VISA in line with my husband's work permit. When my husband got his ILR, for some reason HOME Office in Croydon could not process our (myself and my son's) application on the same day and instead of giving us the ILR, they gave us a further two year settlement VISA. This is where whole thing started going down the hill for myself and my son. Since my husband already got his ILR, he applied for Naturalisation and in April-2005, he became British Citizen while myself and my son were still on this renewed two year settlement VISA.

In Jan-2006, my husband’s job was relocated to India, so all three of us (my son, I and now my British Husband) had to go to India. From Jan-2006 till Aug-2008 all three of us were in India. In August 2008, my husband, because he is British now, found a job in Brussels. At present he is in Brussels while my son and I wait for our Belgian VISA in India. Belgian authorities are really slow...I mean really slow. By the way, they do not decide settlement VISA in Delhi, they send it to Brussels...Starngely True.

However my husband will eventually find a job back in the UK when ever market picks up but for time being we will live in Belgium.

I am concerned about myself and my son for our British status because this whole process has made us completely alien to UK on the paper while the fact is, we are not.

Since I have been married for more than 10 years now, since I have lived in the UK as a dependent spouse for five years, since I have a nine year old boy who does not speak any thing but English and has studied in the UK upto year-2, since my husband will be British Citizen for four years in April-2009, we should not be penalised for some Home Office mistake and if I can call it fate (that my husband’s job was moved to India).

I would like to apply for ILR from Brussels?

I obviously have not passed the Life in the UK test, as it did not exist in our days.

Can some one please advice, as what would be process. I do not want to go through this 2 year probationary VISA period again.


Thanks a lot!!!!

Cheers, Sunita

[Wanderer]

I can't see how you can apply for ILR. I think you will have to apply under EU rules as ur hubby is exercising a treaty right from Belgium.

[Ben]

I can't see how you can apply for ILR. I think you will have to apply under EU rules as ur hubby is exercising a treaty right from Belgium.

Indeed. OP, you left the UK in January 2006 and have lived in India ever since. I believe that any status you had in the UK is now lost.

As you know, you and your son are entitled to join your British husband in Belgium so long as he is working there.

When he finds a job in the UK and the time comes to relocate there, then as Wanderer said, you and your son would then be able to accompany your husband to the UK, also in accordance with EU law.

[JAJ]

I can't see how you can apply for ILR. I think you will have to apply under EU rules as ur hubby is exercising a treaty right from Belgium.

No obligation to apply under EU rules. They could also apply for a standard 2 year spouse visa.

[whirly]

I can't see how you can apply for ILR. I think you will have to apply under EU rules as ur hubby is exercising a treaty right from Belgium.

No obligation to apply under EU rules. They could also apply for a standard 2 year spouse visa.

sunita.samaria: Along with JAJ's comment, can you not apply for ILE/spouse visa (KOL required)? See this thread and links in it for more information.

Advantage: it would give you ILR much sooner.

Disadvantage: it would cost more £££. If you come to the UK from Brussels using EU rules as others have mentioned, your visa would be free - but it would take longer to gain permanent residency.

Apologies if I have misunderstood, but it seems like there is a quicker (albeit more expensive) way for you to get ILR.

[sunita.samaria]

Thanks a lot. I think, ILE was the category, I was looking for. Many thanks. I spoke with British High Commission, in New Delhi, they told me the same thing.

Many thanks once again. I will let you people know, how I get on with it.

Regards, Sunita

[vinny]

While living in Brussels, it may be to your advantage if you visited the UK and take the Life in the UK test. Subsequently, subject to the laws in place at the time, you may have a choice of applying for an EEA family permit or applying for spouse visa with ILE endorsement.