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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am family member of EU my visa will expire on june2017.

Resolved Question:

I am family member of EU my visa will expire on june2017. question is here what will going to happen if UK go away from EU ? for me and my wife ? is there any chance that I can apply for ILR bit early? can I travel my back home for month which will be in October
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

When did you enter the UK on your family permit please?

Tom

Customer: replied 1 year ago.
I came as a student in 2009 December I got married since 7/01/2012
Expert:  Thomas replied 1 year ago.

Thanks. I will be able to answer at 9 a.m

Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I assume that you spent some time on a tier 4 adult student visa until you married and obtained an EEA residence card presumably in 2012.

Basically, no one knows precisely what measures will be put in place should the UK leave the EU.

However, it is highly unlikely that your status in the UK will be at risk.

This is because there will likely be transityional measures if the UK votes to leave the EU which will allow you stay on your residence card at least until it expires. What the home office might say is that at the end of your residence card you must apply for confirmation of Permanent Residence, which is the right to stay in the UK without having to make any further applications.

So, they may require you to apply for PR in January 2017 but you will have to keep an eye on what happens. If the UK votes to stay in the EU then you can still apply for PR (it is best) but it would not be mandatory for you.

If you apply for PR then this means that you would have to apply and send your passport/documents off and because of the amount of people that will also be applying post-referendum it’s probably that you will have to be without your passport for 6 months or so.

Then you will have permanent residence confirmed in your passport. This means that you can stay permanently in the UK.

Once you have PR confirmed you can also apply for naturalisation (if you wish) as a UK citizen if you meet the following criteria:

https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply

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

Customer: replied 1 year ago.
Many thanks tom
really been helpful and satisfy
Expert:  Thomas replied 1 year ago.

You're welcome. Please do remember to leave positive feedback though..

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks for your recent reply
iam so glad that i got right person to talk.
now uk has finally gone out from EU so what is likely to heppen to me as my visa will runs ot 2017 july as i said iam here since 2009 December but i got married on 2011 june
Customer: replied 1 year ago.
i will look forward to here from you soon #
Expert:  Thomas replied 1 year ago.

Hi

The UK is not out of the EU yet.

You have to keep an eye on what happens, but you may consider applying for PR in the above mentioned way.

Customer: replied 1 year ago.
when is earliest time that I can apply PR ?
Many thanks
Thomas
Expert:  Thomas replied 1 year ago.

You can apply on the date that is 5 years after you got your residence card, you will be able to work out what date that is (presumably sometime in 2017)