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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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I am settled in the uk years as a familly member of an

Resolved Question:

I am settled in the uk for 3 years as a familly member of an eea person. Can i apply for indefinite right to remain now. I am still leaving with my wife.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. It is only family members of a UK citizen, specificially spouses, WHO MAY apply for indefinite leave to remain after three years in the UK. FAmily members of an EEA citizen have to wait for five years in the UK before they can successfully apply for Indefinite Leave to REmain. So you will have to wait another two years before applying for ILR.
Customer: replied 1 year ago.
What about if divorce happens am I still elligible to apply for an ILR in 2 years time.
Expert:  Buachaill replied 1 year ago.
2. You had better off not have a final divorce decree before the five year period is up. Otherwise, as your right to live and work in the UK is dependent upon your wife, you may lose your entitlement to live and work in the UK. It is not the filing for divorce which is the key date but the date upon which a final divorce decree is granted. So you should not have a final divorce decree granted before the five year period is up.
Customer: replied 1 year ago.
Even my child beeing british citizeh does not give me the right to stay in uk?
Expert:  Buachaill replied 1 year ago.
3. This is the first time you have mentioned a child. Yes, your child being a UK citizen gives you the right to live and work in the UK until the child is 18. However, when I refer to the five years I am referring to obtaining British citizenship. Once you have British citizenship, you no longer need a visa. So that should be the aim if you want to stay full time in the UK.
Customer: replied 1 year ago.
I thought my child grants me the ilr and after 2 years I am allowed to apply for citizenship.
Expert:  Buachaill replied 1 year ago.
4. No, your child does not grant you Indefinite Leave to Remain. Nor are you able to obtain citizenship after two years. Neither of these assertions are correct, wherever you heard them. It is five years for settlement and ILR, and then one year afterwards, you can apply for citizenship.
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