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✎ EN Leave to remain help please.

Discussion in 'Immigration UK' started by Medemorais, Jun 15, 2011.

  1. Medemorais

    Medemorais New Member

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    Hi there,

    I'm married to a EEA national who is settled in the uk.
    I was granted a spouse visa for 27 months. I've been living in the uk
    on this category for just over 2 yeas now so believe I can now apply for indefinit leave to remain.
    I contact a lawyer, he told me that it's very unlikely that I have a spouse visa as it is only granted for British nationals spouse and that EEA Nationals only get family permit.

    I got my visa in Brazil it says ENTRY CLEARANCE- visa type: SPOUSE/CP.
    Could anybody help me regarding which visa I'm entitled after this one and on the aplication process, which form, proves I should include etc.

    Any help will be very much appreciated

    Many thanks
    Paulo
     
  2. texkourgan

    texkourgan Addicted member
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    The FAQhas informtaion on many common questions such as ILR.

    "ILR is granted to people who have already shown a commitment to the UK on a temporary visa (such as those who have successfully obtained the UK EEA Family Permit). ILR requires you to not spend 2 years or more outside of the UK, as this can lead to it being revoked.

    Requirements depend on what visa they currently have and for how long. Applicants must have sufficient knowledge of the English language and life in the United Kingdom"

    Not knowing your specific case, it is difficult to know why the lawyer said your chances were not good. It appears from the broad qualifications you may be eligible.

    Have you already checked out the official UK Border Agency info- http://www.ukba.homeoffice.gov.uk/settlement/? It seems you would fall under the partner category- http://www.ukba.homeoffice.gov.uk/partn ... /partners/.

    Hopefully this info helps- best of luck.
     
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  3. Medemorais

    Medemorais New Member

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    Thanks Texkourgan for your prompt reply.

    I checked the home office website and from my understanding I qualify for the ILR.
    however the lawyers input confused me.
    In fact the lawyer said he didn't believe I hold a spouse visa based on the fact that my wife is AEE NATIONAL AND NOT BRITISH therefore I should be grated a Family permit instead. so I sent him a copy of the visa then he said that in fact I have a Spouse visa but he didn't understand why and he was going to confirm with colligues...

    Considering I hold a Spouse visa (not a family permit) which form I should fill out? Because for what I understand there are different forms for EEA and for British spouses.

    Many thanks
     
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