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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I am currently married to a EEA national, we got married in

Resolved Question:

Hi i am currently married to a EEA national, we got married in 2012 and obtained a 5 years Residence visa as a FAIMLY member of an EEA national in july 2013, we have been together and living together since 2011 and My visa expires in 2018 is there any possibility that i can apply for a permanent residency now or do need to wait till 2018? As I thought if our 5 years as whole living together were completed I could be eligible to apply is that true ? Thanks in advance.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
what could happen in the future as we have voted out of europion union would that affect us in anyway ?
Expert:  Buachaill replied 1 year ago.

1. Dear Arslana, once you have been living in the UK for five years lawfully, with both the right to live and work in the UK, you can apply for Indefinite Leave to Remain and one year later, for citizenship. So, if you had the right to live and work in the uK before you got married in July 2013, which all adds up to five years, then you can apply for Indefinite Leave to Remain. This then gives you the right to reside permanently in the UK. One year after you have got ILR, you can apply for citizenship.

Expert:  Buachaill replied 1 year ago.

2. It is not possible to simply apply for citizenship after five years living in the UK. You must be able to show you were living visa free in the uK for one year before you can make your citizenship application. However, once you have got ILR, you are no longer required to get a visa to live in the UK. You can live in the UK indefinitely.

Expert:  Buachaill replied 1 year ago.

3. The issue of the UK leaving the EU will only affect the visa status of your spouse who has an EEA passport. It is still to early to say what arrangements will be made, but it is likely that he will have to apply for a visa if he wishes to remain in the UJk. However, I would suggest that he also seek to obtain UK citizenship as this will regularise his position. The first thing he should do is apply for permanent residence card as he will also need to be able to show he was visa free for a year before he applies for citizenship. Here is a link to the UK government website which explains how to apply for a residence card. https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

Expert:  Buachaill replied 1 year ago.

4. Please Rate the answer as unless you rate the answer your expert will receive no payment for answering your question.

Customer: replied 1 year ago.
I think there was a bit of miss understanding in my question i am a non EEA national and my wife is a EEA national we got married in 2012 but we lived together since 2011 and my immigration status before I applied for the residence permit i was a student and was only allowed to work part time and we did tell the immigration about all of that when we applied for my residence visa which I received in july 2013 and its Valid till 2018 july i was just wondering if its a possibility that i can apply for a ILR before 2018 ? Hope it makes sense thanks.
Expert:  Buachaill replied 1 year ago.

5. I answered the question on the basis that you were a non EEA national, so I don't know how you believe there has been a misunderstanding. It is five years for a NON EEA National to apply for Indefinite Leave to Remain. However, for a non EEA National, time spent as a student does not count towards these necessary five years for Indefinite Leave to Remain. So, you won't be able to apply for ILR until July 2018. The advice I gave in paragraph 3 above is directed towards your spouse, the EEA national. I think this might be the source of your misunderstanding.

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