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✎ EN ILR case in the uk (Student then Work permit then EU Spouse)
    

Discussie in 'Immigration UK' gestart door Mopheos, 5 sep 2005.

  1. Mopheos

    Mopheos Member

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    Hi Everybody,

    First of all I would like to thank everybody for the wonderful help that you are offering.

    My situation is as follows:

    I came to the UK as a student under a British fund and after a year I was offered a job with the same university, I was given a work permit for 2 years, when expired, my work permit was extended for another year.

    In the meantime, I was engaged to a German girl who was living and working in the UK and then we decided to get married in the UK.

    When my work permit approached to expire, we decided to follow the procedure to submit the EEC1 form.

    After a 6 week waiting, we received a resident permit for 5 years and since we have been married for almost 2 years.

    My questions are:

    Am I allowed to indefinitive leave to remain? This because I have been working and contributing to the system for over 4 years (3 years under work permit + almost 2 years as a spouse of a EU citizen)

    My wife has been living and working in the UK for more than 4 years, if we applied for her for ILR, will I be able to claim the same right?

    I have also heard somewhere that I could apply for a German citizenship, is this correct and how long would it take?

    Any advice would be much appreciated

    Thanks in advance
     
    #1 Mopheos, 5 sep 2005
  2. Mopheos

    Mopheos Member

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    please

    Could somebody answer my questions please?

    Thank you
     
    #2 Mopheos, 25 sep 2005
  3. EasyExpat

    EasyExpat Administrator
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    The rule in England is 5 years I think.
     
    #3 EasyExpat, 25 sep 2005
  4. Coyan

    Coyan Addicted member

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    Certainly, 5 yrs from the date on the EEC Permit.
     
    #4 Coyan, 25 sep 2005
  5. Mopheos

    Mopheos Member

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    Hi, Thanks for your answer, however, could you please explain more.

    Thanks
     
    #5 Mopheos, 25 sep 2005
  6. Coyan

    Coyan Addicted member

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    Yours Permit should have a date on which it was supposed to had been issued. 5yrs from that date entitles you to a Permanent Resident Permit.

    There are however other situations where you can acquire the Permanent residency much sooner and are as follows:

    1. If you have been subject to domestic abuse by your Partner and can be proven, you would be given the Permanent Right to reside prior to the 5 Yr duration.

    2. If you have been made incapable or disabled as a result of injuries suffered from a work accident you could acquire the Permanent Residency much earlier

    3. If you have attained pensionable age and have worked for 2yrs in your host country, you would be entitled to a Permanent Residency prior to the completion of the 5yrs.

    4. If you have worked for three-years in your host country but have secured employment or become self-employed in another EU country but returns to your host country once a week, you are entitled to the 5yr Permanent Residency.
     
    #6 Coyan, 26 sep 2005
  7. Mopheos

    Mopheos Member

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    Thanks a lot for you answer, however, I am still don't understand?

    my wife has been working in the UK for more than 4 years. if we use the EEC2 for she will get the ILR would I get it as well?

    when you say that I need to wait 5 years, does this means if my first work permit was issued in January 2001 till 2004 and in October 2003 I got married to my EU spouse. and got a resident permit for 5 years, does this means that in january 2006 I would be able to get my ILR?

    Thanks in advance for your answer
     
    #7 Mopheos, 26 sep 2005
  8. Coyan

    Coyan Addicted member

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    Your first Permit is a Company based Work Permit , which is different from an EU Permit. A Company based work permit is issued under UK or State Immigration rules whereas the EEA Permit is issued under EU rules.

    Both are different and one cannot toll into the other for the purpose of a Permanent Residency. As a result your dates for the EU Permanent Residency starts tolling from when the EU Permit was issued and not when the Work Permit was given.

    From your information this means your ILR will be due in October 2008. There is a rule in the UK where it says it can be given after four years continous residence. I'm still not familiar with that rule and its conditions and will post it once I get some clarity about it.
     
    #8 Coyan, 26 sep 2005
  9. Mopheos

    Mopheos Member

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    Hi everybody,

    I have submitted a EEC2 with my 4 p60 and my wife resident permit (blue leaflet) and her 4 p60s. (me as the prncipal applicant).

    Could somebody advise if it was the right thing to do.

    Also would like to know, how long will it take to hae an answer? 2 weeks and no answer?
     
    #9 Mopheos, 11 okt 2005
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