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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am an Iranian national who has been living in uk legally

Resolved Question:

i am an Iranian national who has been living in uk legally for almost 12 years. first 8 years as a student then married to a French national. currently I am in uk with resident card of a family member of an EEA national visa which expires on 12/oct/15. the question is when can I apply for permanent residency or settlement( do I have to wait until October or can I apply earlier?) and what form do I need to fill ?
thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Did you have a student visa before you married your French wife. When did you switch to your current EEA residence card?
Kind regards
Tom
Customer: replied 2 years ago.

yes I had student visa before marriage. I switched from student visa to residence card of a family member of an EEA national on 12/ oct /2010.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you switched to a an EEA residence card (granted for 5 years) on the basis of your marriage to your French national wife, then you must apply under EEA rules. This means that you must apply for Permanent Residence.
Indefinite leave to remain is for people here under visas under the immigration rules and not under EEA rules.
Please refer to the home office page on applying for permanent residence here:
https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card
You can apply for this once you have been in the UK on your residence card for 5 years married to your wife who is also exercising treaty rights in the UK (ie. by working, studying, being self sufficient etc). So, if your residence card was granted in October 2010 then you can apply for PR on the same day in October in 2015 and this is certainly what you should do.
The form that you will need to complete is linked to in the web address above
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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