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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 a question about which ILR law applies to

Resolved Question:

Hello,
I have a question about which ILR law applies to my situation; pre or post July 2012.
I have been living in the UK since August 2011 on an EEA family member visa that I renewed around every 6 months, until April 2014 when I received a 5 years EEA family member residence card.
My question is, which ILR law applies to me in this case? Will the immigration office take into consideration the date when I 1st got my EEA family member visa (prior to July 2012), or will they only look at the issuance date of my residence card (post July 2012)?
Best regards,
Kareem
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
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Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
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Customer: replied 1 year ago.
Hello Nicola,This is my 1st time to use JustAnswer and to be honest I am totally confused.It says that getting an answer is guaranteed, and that answers are submitted within an average of 10 mins, now I am getting that there is no one available to answer my question, how does this work?Best regards,
Kareem
Expert:  Nicola-mod replied 1 year ago.
Hello,
I understand. I have not had any feedback on this question from Experts as to why it has not been answered unfortunately.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. Sorry for the delay in answering your question. This is the first time I have seen your question. It is not standard procedure to renew an EEA family member visa every 6 months for 3 years. Please could you clarify exactly what visa you were granted between August 2011 and April 2014 and why you had to renew it every 6 months.
Customer: replied 1 year ago.
Hello Frantz,Thanks for your reply.My wife is European living and practising her rights in the UK, when I first moved to the UK I got an EEA family member visa issued, the date of this kind of visa ends after 6 months but does not mean that the visa expires after this period (I know it sounds confusing but this one of the characteristics of an EEA family member visa, it is valid as long as the European partner is living and practising his/her rights in the UK regardless its date, you can find full info about the visa on UKBA website).Anyway, the only reason why I had to renew the EEA family member visa was when I wanted to travel, as airlines only consider visas with a validate date (they don't know the special case of an EEA family member visa type). To make things easier for myself, I finally applied for a 5 years EEA family member residence card.Now the question is, which ILR rule do I fall under? pre or post July 2012...?Best regards,
Kareem
Expert:  Frantz I replied 1 year ago.
HelloI understand the EEA requirements of a family permit. A family permit is provided to help non EU families join their EU national spouse in the UK for 6 months and to apply for a residence card if they choose to. The purpose of an EEA family permit isn't to be to renew every 6 months if the family member remains in the UK. However there is nothing stopping anyone from doing so I guess since it is free. It is simply an unusual practice, which I haven't come across in my many years of practice. It is standard procedure to apply for a residence card after arriving into the UK under an EEA family permit. The ILR rule applies to UK domestic immigration rules. You are in the UK on the basis of EEA regulations and not UK domestic immigration rules. Not to confuse the terminology, please note that ILR is issued under UK domestic rules and permanent residence (PR) is issued under EEA regulations. To evidence PR, you would need to provide evidence establishing 5 years of continuous residence under EEA regulation as a family member of an EU national. An application for PR will depend on the evidence provided to show that the EU national's spouse has continuous right to reside in the UK during the same 5 year period. **********************************************************************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.
Hello Frantz,Yes you are right, I am the only one I know of who used to renew the visa every 6 months :-) I just got to know about the residence card info a bit too late, but is all done and dusted now.Didn't know about PR, thanks for drawing my attention to that, I will read about it. If I get a PR, does this make me eligible to apply for British citizenship after a year?Best regards,
Kareem
Expert:  Frantz I replied 1 year ago.
I am happy to answer further questions once the first has been rated
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 401
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Expert:  Frantz I replied 1 year ago.
Yes if you can show evidence of permanent residence of 5 years continuous residence in the UK like I said before and you have remained in the UK 12 months after.

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