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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I came to the uk as a child in 76 and have indefinite visa

Resolved Question:

Hi there
I came to the uk as a child in 76 and have indefinite visa on my old passports. I am a Portuguese national but my last couple of passports do not have the indefinite visa stamp. I am now told to apply for citizenship I now need a biometric immigration document. I am a little confused how I can change my old indefinite visas to this document. Many thanks. Paula
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your.question.

I can answer but cannot have a telephone call. Do you wish to proceed?

Tom

Customer: replied 1 year ago.
that fine no problem. Thank you.
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Your situation is a little different from normal.

“indefinite leave to remain” is the non-eea equivalent of “permanent residence” (PR is for EEA natioanls such as you).

If you were a non-EEA citizen then you would apply to transfer to a “no time limit” BRP by using the procedure on the following page:

https://www.gov.uk/transfer-visa

The problem is that this if for non-EEA nationals only, as you will see from the form itself:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/504923/NTL_03-16.pdf

You will see this is confirmed on the third paragraph of the front page.

There is not really an EEA equivalent.

Obviously, EEA nationals can apply for PR using the forms on the following page:

https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

The form can also be used where a holder of PR has had it lost or stolen, so in my view you are best off applying using this form but submitting a covering letter in which you specifically refer to your old passports which demonstrate that you already hold PR and that you are simply applying in order to have a BRP issued to you.

You are absolutely correct that you now need a PR BRP in order to apply to naturalise as a UK citizen and given that EEA nationals cannot use the non-EEA “no time limit” transfer to a BRP, this would be the best way forward.

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.
Hi TomThank for your answer as I was going to use another form. I presume I am not exercising my European Treaty rights but something else as I was granted an indefinite leave visa back in Aug 1976. What is the difference between the two as I would like to put this in my supporting letter when I submit my application.
Expert:  Thomas replied 1 year ago.

Hi

Excersing treaty rights is where you are either working studying or being self-sufficient by not claiming excessive benefits period indefinite leave to remain or permanent residence is what you get when you have a right to stay permanently in the UK without working or studying.

Please remember to leave positive feedback.

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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