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Married to Eea National but Confused on future Options

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frankgordan
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Joined: Tue Aug 18, 2009 4:29 pm

Married to Eea National but Confused on future Options

Post by frankgordan » Tue Aug 18, 2009 4:36 pm

I've been in the UK for 3 and a half years and have been on multiple visas. I've moved from a Working Holiday Visa to a Visitor Visa and finally to a Eea Family Permit valid for 5 years.

Now, I'm unsure when exactly it would be time to apply for ILR?

Do I wait 5 years from the date my Family Permit was issued? 5 years from the date of my marriage? Or 5 years from the date I've entered the UK?

I have not been able to find advice on this issue. Thanks in Advance...

Ben
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Re: Married to Eea National but Confused on future Options

Post by Ben » Tue Aug 18, 2009 4:50 pm

frankgordan wrote:..and finally to a Eea Family Permit valid for 5 years.
To be correct, it's a "Residence Card of a family member of a Union citizen", valid for five years.
frankgordan wrote:Now, I'm unsure when exactly it would be time to apply for ILR?

Do I wait 5 years from the date my Family Permit was issued? 5 years from the date of my marriage? Or 5 years from the date I've entered the UK?
In your case, it's not ILR, it's PR (Permanent Residence). This status is acquired automatically (not applied for), after having been resident for five years as the family member of a Union citizen. So, in your case, five years from the date of your marriage (assuming you were resident in the UK immediately after your marriage).

You can, if you wish, apply for a Permanent Residence Card, which may be used as helpful confirmation of your acquired Permanent Residence status. Once you are a Permanent Resident, you should use form EEA4 to apply for your Permanent Residence Card.

Incidentally, the title of the EEA4 form is wrong. It says:
APPLICATION FOR PERMANENT RESIDENCE IN THE UK BY
NON--EUROPEAN ECONOMIC AREA ((NON--EEA)) NATIONAL FAMILY MEMBERS OF EEA NATIONALS RESIDING IN THE UK
It should say:
APPLICATION FOR A PERMANENT RESIDENCE CARD BY
NON--EUROPEAN ECONOMIC AREA ((NON--EEA)) NATIONAL FAMILY MEMBERS OF EEA NATIONALS RESIDING IN THE UK
How can you apply for something which you already have?
I am no longer posting publicly on this website - PM me if needed.

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