Looking information on ILR.

[anthony_rose07]

Hi,
My wife has live in the U.K. for 4 years.
Next year we want to apply for a ILR and British Passport.
Can any one tell us how we go about getting this.
Like what documents and forms that we need .
Thank you for any help in this request.

[Bluebirdjones]

For ILR you need form SET (M)

http://www.ukba.homeoffice.gov.uk/vi...ionformset(m)/

But I was of the understanding that this had to be applied for at the end of the spouse or FLR visa, namely, after 2 yrs



... so I'm assuming that for the 4yrs that you mention she was not for the full period married, but on a different visa.

[rusty]

http://www.ukba.homeoffice.gov.uk/vi...licationtypes/

You need to complete the correct application for your type of visa you are currently on.

[anthony_rose07]

Hello thank you for your answer.
The visa my wife has is a five year residence card of a family member of an EEA national. I live in Northern Ireland with a Irish passport. Which the visa my wife has is valid to dec 2012. So i am not sure what a FLR i would believe that would be for a spouse of a U.K. Citizen? So with the visa my wife has can we get the form SET(M).

[Terpe]

Hello thank you for your answer.
The visa my wife has is a five year residence card of a family member of an EEA national. I live in Northern Ireland with a Irish passport. Which the visa my wife has is valid to dec 2012. So i am not sure what a FLR i would believe that would be for a spouse of a U.K. Citizen? So with the visa my wife has can we get the form SET(M).

Your situation doesn't follow 'normal' immigration rules involving spouses of UK citizens.

These days EEA nationals and their family members are not granted ILR.

Your wife MAY apply for Permanent Residence (PR) after completing right of residence for five years.
Don't apply before the five year requirement has been met.
The application form, EEA4, is available for non-EEA national family members who WANT to apply for a Permanent Residence card.

Now, the reason for the highlighted word above for MAY and WANT is simply because your wife has options/choices for a route to British Citizenship (Naturalisation).
Family members of a EEA national just have to wait for 6 years, then apply for naturalisation directly (Assuming she did not break residence rules).

A total of six years of residence is required, 5 years to acquire PR and 1 year as a Permanent Resident.

As an aside the Life in the UK Test would be necessary for naturalisation (British Citizenship) but is not required for PR.

ILR is not available for her, that requires leave to remain in an 'appropriate category' of the immigration rules.
However permanent residence is legally considered as 'settled status' anyway.

Your wife could apply for naturalisation (British Citizenship) with a PR card issued a year before her naturalisation application.

According to the rules, it is also possible for her to apply without a PR card because permanent residence is technically acquired automatically.
In that specific case all documents relating to residence and the spouse's exercise of treaty rights need to be submitted as they would for a permanent residence (EEA4) application and must cover a period ending a year before the naturalisation application so that it's evident that the applicant has had permanent residence for a year.

Anyway, in either case, according to the guide and application form AN, continued residence during the five year qualifying period needs to be evident as for all applicants.
The absence rules for naturalisation are stricter than for permanent residence (450 days over the five years prior to application and 90 days in the year prior to application and must have been in the UK five years before the application).

If I understand right you are an Irish Citizen living and working in UK (Northern Ireland)
Are you also a British Citizen?

Here are the Guidance Notes for Applying as a European National or As The Family Member of A European National

Here is the Form EEA4 - Application for a Permanent Residence Card

My personal advice would be to apply for the PR card first. Well firstly it's free of charge, and secondly alomost all the required documents for supporting evidence for naturalisation would be supplied at that time anyway.

Eventually, you need to do some research and make your own choices.

[anthony_rose07]

Thank you all the information.
My self i was born in Northern Ireland and do have dual citizenship.
If i have to get a British passport to get my wife the ILR and British passport.
I will be happy to do that.
Because what is the position of my wife who is 44, when she reach retiring age like state pension.
Also if i where to die what would be the legal status of my wife.
Sorry for asking these questions but it would help me great and maybe other members.

[Terpe]

Thank you all the information.
My self i was born in Northern Ireland and do have dual citizenship.
If i have to get a British passport to get my wife the ILR and British passport.
I will be happy to do that.
Because what is the position of my wife who is 44, when she reach retiring age like state pension.
Also if i where to die what would be the legal status of my wife.
Sorry for asking these questions but it would help me great and maybe other members.

As I mentioned in my reply above, ILR is not avaialable to your wife as she is not in the 'appropriate category' of the immigration rules to be able to apply for that.
Again, as previously mentioned this should not present any problems or issues since permanent residence is legally considered as 'settled status' anyway.

I am by no means an immigration specialist though, maybe you could seek opinion from a specialist on this point, unless other members know for sure.

Your wife is legally resident and will be legally PR after 5 years residence. Her legal status will be just the same as if she was a holder of ILR.
After 1 year PR she can become British Citizen.

If you were to die the legal status of your wife will not change she will remain legally resident, she will become legally PR and after 1 year will qualify to apply for British Citizenship.
Did you have any specific concerns in mind?

Regarding UK state pension, this is, in principle, based upon contributions. When your wife reaches state pension age she will receive a state pension based on the
number of years of contributions she has made. If you died, there is currently a scheme whereby she could claim a state pension based on your NI contributions, provided that would be greater than her own contribution built pension.
Means whichever is the greater.
However she is only now 44 so we really talking a long time into the future and there may well be many changes by then.

Hope this helps

[anthony_rose07]

Thank you Terpe,
Glad to say i have no health problems, but the information you gave me was very re-assuring.
Have a lovely weekend.