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question about indefinite leave to remain ?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mohamed82
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Location: egypt
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question about indefinite leave to remain ?

Post by mohamed82 » Thu Jan 24, 2013 11:24 am

hello :
first of all i member of that site long time ago when i got problem with my entry clearnce and i get refused and i apeal it which this site was very useful for me to won my apeal
i got a little question :-

i got 5 years spouse visa as family member of EEU which my wife is polish

i inter uk jun 2010 with spouse 6 month visa then i have my 5 year recident on may 2011 ( after refuse and apeal )

so im nearly 3 years in uk now ,,,,recently my wife got her British citizen few monthes ago ,,
one my friends has told as i live here more than two years and my wife now BC so i can apply for indefinite if i pass life in uk exam

to be honest its look to me impossible and i have to wait more two years to apply for permenant visa ...so i would like to make sure that is it true i can apply for indefinite leave to remain if i pass life in uk exam or i have two wait two years and 5 mounth to apply for permnant visa,,,
thank u .
MOHAMED AHMED

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Thu Jan 24, 2013 11:45 am

That is not correct. You have to wait until the 5 th year of your entry into the UK to apply for Permanent residence or Naturalisation.
Smooth seas do not make skilful sailors

Hubba
Member
Posts: 210
Joined: Mon Aug 13, 2012 12:25 pm

Post by Hubba » Thu Jan 24, 2013 12:30 pm

Obie wrote:That is not correct. You have to wait until the 5 th year of your entry into the UK to apply for Permanent residence or Naturalisation.
Naturalisation is only possible after 6 years if following the EEA route (you need to be free of any immigration time constraints for 12 months before applying to naturalisation).

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Thu Jan 24, 2013 1:02 pm

Hubba wrote:
Obie wrote:That is not correct. You have to wait until the 5 th year of your entry into the UK to apply for Permanent residence or Naturalisation.
Naturalisation is only possible after 6 years if following the EEA route (you need to be free of any immigration time constraints for 12 months before applying to naturalisation).
But his EEA partner is now also British so he can apply once he obtain PR which is 5 years. There is no need to wait for another year.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: question about indefinite leave to remain ?

Post by Jambo » Thu Jan 24, 2013 1:12 pm

mohamed82 wrote:h
one my friends has told as i live here more than two years and my wife now BC so i can apply for indefinite if i pass life in uk exam
What your friend told you was true if you were on a spouse visa (under the old rules) and then ILR. It is not true under the EEA regulations in which you obtain PR after 5 years.

mohamed82
Junior Member
Posts: 67
Joined: Tue Jan 04, 2011 8:31 am
Location: egypt
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Hmm

Post by mohamed82 » Thu Jan 24, 2013 1:30 pm

I don't got u , I got spous 5 years which pass already more than two years from my polish wife that was 2010 as she is eeu nd she is British citizen now nd my friend say u don't have to wait two years for permnat u can study life in uk nd apply for indifinate now as she is British nd i live here more than two years as spouse ...
So can I apply for indifinate or not ?

Yes or not

Thank u
MOHAMED AHMED

ravii
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Location: Dorset

Post by ravii » Thu Jan 24, 2013 1:36 pm

Jambo already explained you in detail.if you wants to go with your friends advice then go.
Best regards

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: Hmm

Post by Jambo » Thu Jan 24, 2013 2:28 pm

mohamed82 wrote:I don't got u , I got spous 5 years which pass already more than two years from my polish wife that was 2010 as she is eeu nd she is British citizen now nd my friend say u don't have to wait two years for permnat u can study life in uk nd apply for indifinate now as she is British nd i live here more than two years as spouse ...
So can I apply for indifinate or not ?

Yes or not

Thank u
No.

You don't have a spouse visa (under UK immigration rules) but a Residence Card as a spouse of EEA national (under the EEA regulations). These are two different immigration routes with different rules. The fact that your wife is now British doesn't mean you automatically changed to different set of rules.

As I said, your friend is quoting the rules for people under spouse visa which do not apply to you.

mohamed82
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Posts: 67
Joined: Tue Jan 04, 2011 8:31 am
Location: egypt
Contact:

Post by mohamed82 » Wed Jan 30, 2013 11:37 am

Jambo wrote:
Hubba wrote:
Obie wrote:That is not correct. You have to wait until the 5 th year of your entry into the UK to apply for Permanent residence or Naturalisation.
Naturalisation is only possible after 6 years if following the EEA route (you need to be free of any immigration time constraints for 12 months before applying to naturalisation).
But his EEA partner is now also British so he can apply once he obtain PR which is 5 years. There is no need to wait for another year.
thank you
so i arrived to uk with the first visa entry clearnce one on july 2010 so i will apply for PR on july 2015 whatever my wife is british now ..

i have heard exam life in uk will be changed on october 2013 so if i have this exam on september 2013 this certficate will be still vallaid on july 2015 when i apply for my PR ..and when the right time start send my application as i showed above i have arrived to uk on july 2010 ,,and which better for me PR or indifniate ?
MOHAMED AHMED

mohamed82
Junior Member
Posts: 67
Joined: Tue Jan 04, 2011 8:31 am
Location: egypt
Contact:

Post by mohamed82 » Wed Jan 30, 2013 11:39 am

thanx for all
dont shout to me ravi plz i just ask lol

so i arrived to uk with the first visa entry clearnce one on july 2010 so i will apply for PR on july 2015 whatever my wife is british now ..

i have heard exam life in uk will be changed on october 2013 so if i have this exam on september 2013 this certficate will be still vallaid on july 2015 when i apply for my PR ..and when the right time start send my application as i showed above i have arrived to uk on july 2010 ,,and which better for me PR or indifniate
?????????!
MOHAMED AHMED

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