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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I would like clarification on these issues I was married

Resolved Question:

I would like clarification on these issues
I was married to an EEA national (We met and got married in Africa) in 2005 and then in 2006, I moved to join him in Germany and we lived in Germany until Sep 2010 when we moved to the UK.
Due to numerous abuse in the relationship (Although there is police records both in Germany and UK; but there was no charge as I was not prepared to go through all that), I eventually took the decision to separate from him in 2012 and started living away from him with my 4 kids who are all German Citizens.
When I moved to the UK in Sep 2010, I was given a 5 years residence permit as an EEA family member and this permit will expire on the March 3rd 2016.
Since 2012, We have been separated although still legally married but we do not live together.
My question is
- What are my rights to apply for a permanent residency in the UK?
- What type of permit can I apply for?
- Am I entitled to a permanent resident permit?
- Does this status affect my ability to remain in the UK
- I have 4 kids, 3 of them have been in school since 2010 and the last one started school in 2014.
- Is there something that I should know and are you able to guide me through what I have to do?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Uzoma, you are entitled to settlement in the UK and Indefinite Leave to Remain once you have been five years lawfully in the UK. So too, are each of your children. Then, after one year of Indefinite leave to Remain, both you and your children are entitled to apply for UK citizenship. I would recommend this course of action, particularly for you, as it removes all visa problems for living anywhere in the EU once and for all.
Expert:  Buachaill replied 1 year ago.
2. Be aware that after six months in the UK, on a EEA Family Permit, you are entitled to a permanent resident permit. Accordingly, if you haven't already got one, I would advise you to apply for one immediately.
Expert:  Buachaill replied 1 year ago.
3. Here is a link to the UK.gov WEBSITE which explains how the EEA Family permit works https://www.gov.uk/family-permit/overview. You should have applied for a residence card already.
Customer: replied 1 year ago.
Dear Uzoma, you are entitled to settlement in the UK and Indefinite Leave to Remain once you have been five years lawfully in the UK. So too, are each of your children. Then, after one year of Indefinite leave to Remain, both you and your children are entitled to apply for UK citizenship. I would recommend this course of action, particularly for you, as it removes all visa problems for living anywhere in the EU once and for all.Thank you Buachaill, Does this apply even though I am separated from my partner? My children are all German citizens and at the moment, l am not very worried about their status; however l will note your advice.Be aware that after six months in the UK, on a EEA Family Permit, you are entitled to a permanent resident permit. Accordingly, if you haven't already got one, I would advise you to apply for one immediately.Does this still apply even though I am separated from my partner? How long does it take for one to get a Permanent Resident Permit? Given that my resident permit will expire in March the 3rd to be exact; what options do l have?
Expert:  Buachaill replied 1 year ago.
4. This applies even though you are separated from your partner. Here is the form for an application for settlement based on Long Residence https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477948/SET_LR__Form_11-15.pdf. YOu will simply state you were a family member of an EEA national exercising Treaty Rights.
Expert:  Buachaill replied 1 year ago.
5. It takes between 6-9 weeks to get Indefinite Leave to Remain. However, once you make the application, before the 3rd March when your visa expires, you can continue to remain in the UK until your applixation for ILR is dealt with.
Expert:  Buachaill replied 1 year ago.
6. You cannot be deported once you have an application for ILR in being. Be aware additionally, that your parentage of your four German children would also give you the right to live and work in the UK. However, that ground is not as good as claiming ILR and getting settlement, as this leads onto citizenship after one year more.
Customer: replied 1 year ago.
So your advice to me now is to apply for a permanent residence card? How long will this take? How about the ILR? Do I need to get the residence card before I apply for the ILR?
Expert:  Buachaill replied 1 year ago.
7. Here is a link to applying for a residence card, if you don't already have one. https://www.gov.uk/apply-for-a-uk-residence-card/overview. However, this does not really change your status. The key issue is to make the application for ILR and settlement before 3rd March. This then would mean you could live afterwards in the UK WITHOUT applying for a visa.
Expert:  Buachaill replied 1 year ago.
8. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
I know about living in the Uk without applying for further visa. The information that you have given to me already, I was already aware of it - ie the ILR thing.But my question is to my eligibility for that based on the information which l have given to you. And if indeed I am to apply for ILR, what type of ILR do I have to apply for given there are many categories. Now you have mentioned I can apply for one based on the basis of long residence, does this mean that I do not depend on my partner who l am separated from in order to get through this?Does the 5 years count from the day that I entered the UK which is 22/10/2010...? I will rate your answer accordingly as soon as we conclude Please
Customer: replied 1 year ago.
According to the home office website,You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).Settling (known as ‘indefinite leave to remain’) means you can stay in the UK without any time restrictions.I have been in the UK for 5 years - How can I apply on the basis of Long Residence?
Customer: replied 1 year ago.
So, I am unsure that this is applicable to me, unless there is somewhere else that it states such.
Expert:  Buachaill replied 1 year ago.
9. The five years runs from the date you had the EEA Family Permit or some other previous visa which legalised your status in the UK. In your query, you haven't stated on what basis, or on what visa, you entered the UK on 22/10/2010.
Expert:  Buachaill replied 1 year ago.
10. Your application for ILR is not dependent upon your partner. it is a free standing right of yours after living continuously for five years in the UK.
Expert:  Buachaill replied 1 year ago.
11. There is a separate category of long residence which is 10 years. However, for you, it is five years. There are at least five different categories of getting ILR based on being resident in the UK for a long period of time. So be careful what you are reading.
Expert:  Buachaill replied 1 year ago.
12. Settlement can occur after ten years. It can also occur after five years, as is your situation. It can even occur after three years if iyou were married to a UK citizen. So, avoid getting confused about reading one part of a website.
Customer: replied 1 year ago.
The visa which brought me into the UK on the 22/10/2010 is VISA EEA FP: FAMILY MEMBER TO THE EEA NATIONALThen on the 3rd of March 2011, I was issued with a Residence documentation and the type of document is Residence card of a family member of an EEA national. Which will expire as stated earlier in March.Do this help? And do you still advice that I go for the basis of Long Residence..? I understand there are many different categories and that is the basic reason why l need guidance from an expert.
Expert:  Buachaill replied 1 year ago.
13. Yes, this helps you. The five years runs from 22/10/2010. The residence card you have is the one I suggested you apply for, but which didn't affect your status. So today, you should be applying for Indefinite Leave to REmain based on your five years in the UK until today.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help. You have been of great help.