FLR - ILR

Hi all,

My husband and I got married in May 2012.  I have a further leave to remain residence card as a family member of an EEA National, which was issued in October 2012, and expires October 17, 2017.

When is the earliest that I can apply for indefinite leave to remain?  Is it October 2017, or in May 2017, which will be 5 years after we got married?

Thank you.

Hi all,

My husband and I got married in May 2012.  I have a further leave to remain residence card as a family member of an EEA National, which was issued in October 2012, and expires October 17, 2017.

When is the earliest that I can apply for indefinite leave to remain?  Is it October 2017, or in May 2017, which will be 5 years after we got married?

Thank you.

You are getting muddled between EU rules and UK immigration laws.

You don't apply for ILR as that is only for those on UK immigration rules. Nor do you have leave to remain, as that is for UK visas.

Unlike a "visa" which gives the holder leave to remain until the expiry date, your RC is a Permit, which remains valid while your EEA sponsor is exercising treaty rights in the UK as a "qualifed person".

PR is automatic if your EEA citizen sponsor is exercising treaty rights continually as a "qualified person" for 5 years in the UK. If he has already obtained PR himself, he doesn't have to be a "qualified person" to sponsor you.

Confirmation of a PR is obtained by applying to UKVI for a DCPR.

What nationality is he? How has he been exercising his treaty rights as a "qualifed person" for the time he has been in the UK?

Thank you, Sirius, for your helpful reply, and sorry for mixing up the terminology.

My husband is Belgian.  He came to the UK to work in October 2010, and has been living here continuously since, exercising his treaty rights.  He just applied for, and received his permanent residency card, and has been living in the UK for 6 years now.  He can apply for citizenship now, but we were told that if he did, it may jeopardize my application for next year, as he would switch to being recognised as a UK, instead of EU sponsor?

The current plan is for me to apply for my permanent residency next year, either in May or October, I am confused as to when.  Once I safely do this, I am no longer dependent on his status, and my husband should then apply for British citizenship and so should I, if this makes sense?

Any advice would be great, thank you.

Thank you, Sirius, for your helpful reply, and sorry for mixing up the terminology.

It's really UKVI you have to be careful with. If you applied for ILR then you would be refused.

He can apply for citizenship now, but we were told that if he did, it may jeopardize my application for next year, as he would switch to being recognised as a UK, instead of EU sponsor?

If he becomes British, then he can't sponsor you in the UK anymore under EU rules. You will have lost your EEA citizen sponsor and therefore lost your right to reside in the UK. You would then have to be sponsored by him under UK immigration rules and your 5 years to ILR (UK rules) would start again.

The UK got the EU rules changed for the UK on the back of the McCarthy court ruling. If you are a Brit and hold another EEA citizenship, then you are a Brit for immigration sponsoring.

The current plan is for me to apply for my permanent residency next year, either in May or October, I am confused as to when. 

I'm not sure either. I'll see if I can look that up.

Once I safely do this, I am no longer dependent on his status, and my husband should then apply for British citizenship and so should I, if this makes sense?

It does

Once you have PR, then he can apply for his BC. He has to hold PR for 1 year before he can be a British citizen.

However, you won't have to hold PR for one year as once he is granted British citizenship, you can then apply for your BC. This is because those who are married to a BC, don't have to hold ILR (UK rules) or PR (EU rules) for 1 year before they can apply for BC.

Which will mean you should both make it to BC before any Brexit, when EU laws will end in the UK.

Thanks for your input, Sunny_in_London ... however, have you actually read this thread through?

The OP is living in the UK under EEA immigration rules, which means UK visas do not apply here.

They currently hold a 5-year EEA Residence Card, not a spousal visa, and will not be applying for ILR at all, as they will gain PR automatically after 5 years.

I believe it is 30 days prior to your 5 year anniversary.

For ILR, it's 28 days prior to your 5-year anniversary. However, as mentioned, this is irrelevant to the topic anyway as the OP will not need to apply for ILR.

My blog 'Sunny in London' has several of these posts, but you might want to see this ILR video on my YouTube channel too.

You aren't in the UK on a Student Tier 4 visa, are you?

Is it October 2017, or in May 2017, which will be 5 years after we got married?

The answer to when you can apply for PR, should be in this document under the PR section.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464872/Direct_Family_Members_v3_0.pdf


And it seems you will be apply for a PRC and not a DCPR.
Page 24 of 76.

"document certifying permanent residence, if they are an EEA national

permanent residence card, if they are a non-EEA national"