Please help my Friend!

Hey Experts ,


Right here is my Friend's case

He came in UK on 26-01-2004 on a Holiday Working Visa which was valid till 26-01-2006
with in that Mean time he got married with my EU national G.F and got a Dependent Visa until January 2011

Now the Question is
Is he eligible to Apply for the ILR ?
What sort of Documentation would he need to Apply?


Many Thanks for your kind Reply *(if some one does ;))


Regards,

Hi ,

Can you please state the date on which his dependant visa was stamped.

One needs to be on dependant visa for 2 years in UK to be eligible to apply for ILR.

Hi Sabitha.

Thanks for writing in.

He is Married to European.

09/01/2006: Dependant Visa was stamped.

And his wife is moving out now (Divorce).

We tried talking to home office and some solicitors. but no luck

so just all blank!

Dear,

If he was stamped on 09/01/2006 then he would be eligible to apply for PR anytime after 09/01/2008 provided he stayed in UK during those years.

I still don't get the problem.Is it because of the divorce proceedings ? I guess you need to submit something to the home office that they are still married and is it because his wife is against sponsoring him as his spouse now ?

What is the main hindrance for this PR ? Is it the divorce proceedings ?

Hi

According to the Home office: The Person who is married to an EEA *(European) National residing in the UK can get INDEFINITE LEAVE TO REMAIN in UK after completion of Five years of Marriage.

As that would have been a Different case if the Spouse was BRITISH NATIONAL...!
In that case your Statement is 110% right

As in this kind of Cases: We get the Dependent Visa... and the Home office says The EEA Nationals get the FULL RIGHTS as the BRITISH NATIONALS once they have lived in the UK for Atleast 5 years

He has not applied for any divorce yet.

Please let me know If I am making any sense.

Thanks

Hello onemoreid,

Sorry for the confusion.I wasn't aware of the rules for dependants of EU nationals while applying for UK permanent residency.

I knew that for UK dependants it is 2 years and now that you have stated that it takes 5 years for EU dependants, I can't think of any other clause how it is is going to work out unless he completes the stipulated period and applies.

Probably someone who has applied as EU dependant with a workaround for PR can suggest you better.

Thanks Sabitha for writing in!