How soon I can apply for ILR

[meinkaninchen]

Dear all:
Nice to discover such a useful forum. A lot of questions from me have been clarified by reading those posts. However, as situations are always individual, I still have questions over my own situation:
I am a non EEA national and came to UK in 09/2003 on a student visa. After finishing study, a company in London got me a WP in 02/2005 and work visa in 04/2005 so I worked for them since then. After two years dating, I married my German BF in 02/2006. My work visa expires at the end of that month. Knowing I was tired of working for that company, my husband decided to apply for a family residence permit for free for me using a EEA2 form. A few months later, my passport returned with a EEA family member residence permit valid till May 2011. Meanwhile, I successfully changed my job. I now realise we could have applied for spouse visa by using FLR(M) for £335 then as he already got ILR in July,2005. I am happy with my present life but wondering if is there anything I can do to help myself to apply for ILR sooner than 2011. I have been working and paying tax from 04/05 till now continuously. I would like to travel freely to a lot of countries without the trouble of getting visas. I got shock quite a few times at customs because(I assume) the passport I am having now. Having a British passport would be very helpful.
Many thnx for your time. I will be very appreciating to have someone's response soon.
Regards
MK

[John]

If you do apply for FLR, do ensure that you do so this month, because next month the fee is distinctly higher. And also appreciate that converting that 2-year spouse visa to ILR in 2 years time will cost you either £750 by post or £950 in person at a PEO .... or possibly even more by that time.

And then, even after getting ILR, you will need to wait another year before applying for Naturalisation ... unless in the meantime from husband has become a British Citizen! Is he prepared to do that?

In short, yes you could get your ILR in 2009, but the cost is likely to be at least £335 + £750 = £1085 ... and possibly more.

Again I emphasise, if going down this route .... apply for the FLR this month ... in the month of March.

[meinkaninchen]

Thanks for you prompt reply, John. So far as I have been concerned, my husband is not going to change his nationality. Even if I have to wait till about 2010 to apply for British citizenship, it is still better than 2013 to which the current route is leading me.
My passport is in my country's embassy now as it will expire soon. I can get a new one back in April, so it seems I cannot avoid the fee increase any way.
I will have a good discussion with my hubby soon. Thanks for your reply again!
have a good day!
MK

[JAJ]

Thanks for you prompt reply, John. So far as I have been concerned, my husband is not going to change his nationality.

Has he thought about asking for permission to keep his German citizenship upon naturalisation in the UK?

[meinkaninchen]

Hi JAJ:
According to my hubby, with the German nationality, you either have it or give it up. Though we are likely to reside and work in the UK permanently from now, he is not thinking about give up his nationality.
KM

[Docterror]

meinkaninchen, as you are currently on the Residence Card issued to the non-EEA family member of an EEA national, you are not considered as being granted leave to remain under the Immigration rules but rather under the EEA Regulations. As far as I know, this would mean that you might have to return to your home country and make the application as the spouse from over there there is a no-switching rules between Immigration rules and the leave to remain granted outside the Immigration rules.

I will let John or JAJ to clarify further on this if they chose to, and also do contact the HO with reguards to this.

[meinkaninchen]

Hi all:
I called Homeoffice just now to confirm that I am not able to switch from EEA family residence to Spouse visa.
I think it should be clarified in the application form FLR(M) that EEA nationals, even if they have already "settled", their family members are still in jurisdiction of EU law rather than UK immigration Act.
Apart from being able to apply for ILR two years ealier, EEA family residence stamp and spouse visa don't make any difference to me. I am not going back home country for a change as this won't be a good reason for me to ask leave from my boss.
Thank you very much for the help. It is a very interesting experience here. I would recommend this forum to my friends.
Have a good day.
MK

P.S. Such a coincidence that last reply comes right after I finished the call to HO. Is this website somehow related to HO's operation?

[JAJ]

Hi JAJ:
According to my hubby, with the German nationality, you either have it or give it up.

Does he understand what a Beibehaltungsgenehmigung is? He can get permission to keep his German citizenship, provided he does so in advance.
http://www.germany.info/relaunch/info/c ... erung.html

also: http://en.wikipedia.org/wiki/German_nationality_law
http://de.wikipedia.org/wiki/Deutsche_S ... %B6rigkeit