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Topic: EU Scheme or ILR  (Read 92 times)

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EU Scheme or ILR
« on: April 22, 2022, 02:05:41 PM »
Hiya

Just trying to understand what applying for the EU scheme for ILR for no fee? Or just getting ILR. I’m not understanding the difference with the two.

Thank you


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Re: EU Scheme or ILR
« Reply #1 on: April 22, 2022, 02:21:24 PM »
You can only apply under the EU Scheme if you are the family member of a non-British EEA citizen living in the UK (for example, if your spouse is a French citizen living in the UK under EEA rules).

If that was the case, you would have moved to the UK under the EEA immigration rules, not the UK immigration rules (which would have been an EEA Family Permit, followed by a 5-year EEA residence card, followed by the EEA settlement scheme)

However, as your spouse is a UK citizen, you are in the UK under UK immigration rules (fiancé visa, FLR, FLR) and so you cannot qualify under the EU scheme… which means that your only option is to apply for ILR.


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EU Scheme or ILR
« Reply #2 on: April 22, 2022, 02:34:15 PM »
Thank you for the clarification also with ILR (settled status) do you still pay to renew that every few years or once settled that’s it unless I wanted to do citizenship.


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« Last Edit: April 22, 2022, 02:39:31 PM by mdamiani »


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Re: EU Scheme or ILR
« Reply #3 on: April 22, 2022, 03:11:14 PM »
Thank you for the clarification also with ILR (settled status) do you still pay to renew that every few years or once settled that’s it unless I wanted to do citizenship.


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ILR is indefinite leave to remain, which means it is permanent residence and remains valid for as long as you continue to live in the UK.

However, if you move away from the UK and do not return to live here for more than 2 years, your ILR will become invalid.. which means that if you wanted to move back to the UK after that you would have to start the entire 5 years to ILR over from scratch with a spousal visa and FLR, which would cost thousands in visa fees again.

But your ILR BRP card will need to be renewed every 10 years, to put updated biometrics on it (like with a UK driving licence), but that doesn’t cost much. Having said that, all BRP cards currently issued are set to expire on December 31st 2024 because there are new BRP regulations coming into effect in January 2025 so everyone will have to renew their BRP in late 2024 to get a new-style card.

As you are married to a UK citizen, you can apply for UK citizenship as soon as you receive your ILR.

If you can, it’s a good idea to apply for it when you become eligible so that:
a) you don’t have to keep renewing your ILR BRP card
And
b) you never have to worry about visas again… you could leave the UK for several years and still have the right to return to live here without a visa.


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Re: EU Scheme or ILR
« Reply #4 on: April 22, 2022, 03:27:20 PM »
ILR is indefinite leave to remain, which means it is permanent residence and remains valid for as long as you continue to live in the UK.

However, if you move away from the UK and do not return to live here for more than 2 years, your ILR will become invalid.. which means that if you wanted to move back to the UK after that you would have to start the entire 5 years to ILR over from scratch with a spousal visa and FLR, which would cost thousands in visa fees again.

But your ILR BRP card will need to be renewed every 10 years, to put updated biometrics on it (like with a UK driving licence), but that doesn’t cost much. Having said that, all BRP cards currently issued are set to expire on December 31st 2024 because there are new BRP regulations coming into effect in January 2025 so everyone will have to renew their BRP in late 2024 to get a new-style card.

As you are married to a UK citizen, you can apply for UK citizenship as soon as you receive your ILR.

If you can, it’s a good idea to apply for it when you become eligible so that:
a) you don’t have to keep renewing your ILR BRP card
And
b) you never have to worry about visas again… you could leave the UK for several years and still have the right to return to live here without a visa.


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Thank you so much for the information! Yes, I am married to a UK citizen.


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