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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 665
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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F.member of EU national Me and my partner married in 04/2012

Resolved Question:

Good Evening
I am Mr Jan & F.member of EU national
Me and my partner married in 04/2012 and I got my visa in 05/2013 which will end in 05/2018.
Now that it's been over a 5yr since we married
We both have decide to apply for PR ,since my wife is a qualified person and I pay tax as well throughout from last 6yr
Last oct unfortunately I was convicted by court on D.violence and got non custody sentence which I complete but will officially end this 31 oct
Am I eligible for PR ?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 2 months ago.

Could you clarify if the domestic violence was against a family member?

Customer: replied 2 months ago.
unfortunately I was drunk and wife got scared from so she called police,then later on she went to withdraw her complaint but police didn't let her did and refer to court where I accept my mistake
Thanks
Customer: replied 2 months ago.
I have study the refusal ground of ILR regarding my situation
Which state that if the conviction is within 24months of the applicants then refusal is mandatory but that's of Indefinite
Here is the case of PR via EU route and I didn't find anthing regarding this
Thanks
Expert:  frantzgregory replied 2 months ago.

Yes that is because the requirements under EU law is different from British law. You can be denied only on the basis of public policy, security and health grounds.

Customer: replied 2 months ago.
how likely my application will be refused and is there any limit on this as I have almost 8 months valid Visa as In indefinite case there is to 2 yr
And secondly if we both apply and my wife get PR but my one i refuse then what will be my status and what is you are recommendation that when shall I apply for permanent residence
Expert:  frantzgregory replied 2 months ago.

I cannot go into any detail as you have not requested a detailed answer. You can apply for PR once you have 5 years continous residence of treatyrights and not ILR. You can only be refused on the grounds i have already stated and you dont fit into any of the grounds.

Customer: replied 2 months ago.
Ok last one but before I rate you,
thank u so much for the advice and plz plz just give me a hint in simple words so that another question doesn't raise in my mind
Having this criminal background( Assult by beating) happen on convicted on 1st Nov 2016
If I apply for PR on 1st Nov 2017 and home office refuse my application will this be the reason
Many thanks again
Expert:  frantzgregory replied 2 months ago.

Unlikely as you are still together and it was a domestic matter and you said she wanted to withdraw her application.

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