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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 401
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have asked a question here before and I got an answer

Resolved Question:

Hi, I have asked a question here before and I got an answer from Buachaill. I would like some clarification please from someone different from Buachaill so that I am clear on what l need to get done. this is to do with the form on this link https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477948/SET_LR__Form_11-15.pdf
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Basically, l need to be sure that l am going towards the right direction and have everything that l need ready and also in terms of documentation. l do not want to be taken unawares as it will mean my having to lose a huge amount of money.
Expert:  Frantz I replied 1 year ago.
Hello
Thank you for your enquiry.
I note that you were issued with a residency card on the basis you were a family member of an EU citizen. If you have remained in the UK for 5 years exercising treaty rights as a family member of an EU citizen, you should be applying for a permanent residence card under EU law. This is a term used for an application made under EU law. Indefinite Leave to Remain is a term used under the Immigration Rule. Your application is based on EU law not the Immigration Rule.
I note you are separated from your EU husband but you are not divorced. You are likely to have retained rights of residence as a family member as long as the marriage legally persisted. Separation does not dissolve this relationship for the purposes of EU law.
Evidencing permanent residency can be tedious and your application will depend on you providing evidence of 5 year continuous residence which will in turn depend on the evidence of your separated husband's continuous rights to reside in the UK during the same 5 year period. Nevertheless your children may have acquired a right to reside in the UK to pursue their education and the right would be ineffective if you were not permitted to remain in the UK to care for them.
Please note on the basis of the information you have provide you may choose to make an application for permanent residence card. You may also wish to seek independent legal advice.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
So are you saying that the previous person was wrong to have said l should go for a long residence ILR application? l was thinking that the basis of a permanent card application is dependant on us continuously living TOGETHER. Is this right?l want to make sure that l am going for the right application. Did you read in detail the other question that was answered by your colleague?
Expert:  Frantz I replied 1 year ago.
Hello
Thank you for your enquiry.
The spouse of an EEA citizen continues to be a spouse and a family member as long as the marriage legally persists and not simply when cohabitation ceases. Separation does not dissolve this relationship. The Home Office would expect that they were informed of any change of circumstance.
As this is only a question and answer platform, you cannot rely on answers given here as advice for the purposes of making an immigration application. You should always seek independent legal advice.
I cannot comment on answers given by other experts, I can only give general comments on customers questions and my answer to your question is based on the information I have seen.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your input and also giving me a different direction. As you advised; l will seek the advice of an independent legal person and hopefully be more clear on what to do.

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