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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear XXXXX I came to England from Ukraine in 2000 as a student

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Dear XXXXX

I came to England from Ukraine in 2000 as a student then married an EU national in 2006 and divorced her 3 years later. Then married my current wife, also EU national, in 2009 who I have been with for 4 years now. Does it mean that I exercised EEA rights for continious 7 years? On top of that, I have got a SPENT criminal conviction (GBH 10 years ago). Could I apply for a Permanent Residence card now? I would be very greatful if you could reply to me.

Kind regards

Max
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you please confirm what nationality you are?
what have you been doing from 2000 ?


Kind regards
Customer: replied 3 years ago.

I am ukrainian. I was studying english and networking until I married my first wife in 2006. I was also working partime all that time. After I married my first wife I was studying Quantity Surveying for 3 years at the Uni and was working as a delivery driver part time. I divorced my first wife in 2009 for I met my current wife and married her the same year. I have been working as QS full time from 2010 ( 3 years) and doing my MSc in contruction discipline. I have been always working and never claimed benefits. I have always lived legally in this Country and have never been away for more than 2 -3weeks a year.

Thank you for your reply.

Did you reapply for an eea residence permit after you divorced and then married your current wife?

Kind regards
Customer: replied 3 years ago.

Yes, I did. It's valid until 2015. However, technically I have been exercising EEA right for about 7 years now, working etc. Hence, the question about Permanent residence card..


 


Many thanks

Thank you for your reply.

Rules under EEA regulations:

In respect of your question will you be able to apply for permanent residency on the basis of your permission on an eea residence permit then no. The reason is that for an applicant to apply under the eea regulations the applicant must have been in a subsisting relationship for 5 years with the intention of remaining together indefinitely. In your case you were with your partner for 3 years and then divorced her and then reapplied again for a eea residence permit. You will therefore when you apply for permanent residency, need to the show the immigration office that you have been employed as well as your eea partner for 5 years and have the intention to continue residing together.

Rules under the immigration rules

If you were to apply for permanent residency under the eea regulations then you would not be able to meet the requirements, however you would meed the requirement of the immigration rules and would be able to submit an application provided you have been legally resident in the Uk for 10 years.

The applicant must meet the following requirements, to be granted indefinite leave:

• The applicant must have at least 10 years lawful residence in the UK.

• There is no reason why it would be undesirable to grant indefinite leave to remain because of public interest issues. To check you must take account of the applicants personal history, including:
o character
o conduct
o associations and employment record, for more information, see related link: Consideration of relevant points.

• The applicant must meet the knowledge of language and life in the UK requirement. For more information, see related link.

• The applicant must not fall for refusal under the general grounds for refusal, see related link.

• The applicant must not be in the UK in breach of immigration laws except for any period of overstaying:
o for 28 days or less

Judging by what you have stated you would be able to apply under the immigration rules for indefinite leave to remain. You would need to submit the application using for SET 0, please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(o)/

I have come across many cases of this sort and have been successful in obtaining indefinite leave to remain for the applicants on this basis. In your case you should ensure that you have passed the life in the UK test before submitting an application. Please see the following link on how to apply to undertake a life in the UK test:

http://lifeintheuktest.ukba.homeoffice.gov.uk/

Once you have obtain a life in the Uk test certificate you may apply for indefinite leave to remain under the immigration rules.

If you decide that you do not want to apply, then you would have to complete the full 5 years working under your eea residence permit before applying for permanent residency.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Customer: replied 3 years ago.

Furhter to 1st part of the answer:


My second wife has been working in this country for 6 years and can prove it. So have I. The only problem is that I have only been married to her for 4 years, lived together for 5 years (can prove). So you are saying that my previous marriage and working period of 3 years does not count. Is it right?


 


Furhter to 2nd part of the answer:


 


What about the conviction? You reckon I can still apply since it is considered to be spent, don't you? What about 10 years of continiuos residing in the UK. I was sentenced on 23 May 2003. So, it will have been spent by 23 May 2013. However, it was a 15 month sentence meaning that continuous residing started on 23rd May 2003 + 11 months ( I'd spent 4 months in prison until 23/05/03). Does it mean that I have to wait another year before applying.


 


Many thanks

Thank you for your reply.

1. Yes previous marriage and time spend would not count because you were not married to her for a continuous period of 5 years and thus would not be able to use the work undertaken during that visa to apply for permanent residency.

2. Yes you will be able to apply for settlement on the basis that you were sentence nearly 10 years ago. Please see the following link in particular page 3:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

I followed your link and unfortunately it states that there was a change in law in 2012 and if your sentence was between 12 months and 4 years you have to wait for 15 years before applying for naturalisation otherwise your application should be refused. Does it mean that my case is doomed? Am I right? Could you also explain the difference between "should" and "must" in this case, please?


 


Many thanks & enjoy your weekend

Thank you for your reply.

The criminal aspect is scrutinised more when you apply for naturalisation rather than indefinite leave to remain in the uk. If you were sentenced to 15 months then yes you may have to wait the stated amount, I apologise for the oversight I was of the opinion it was 11 months.

If this is the case then I would advise you to wait until you have 5 years continuous residency in the uk and then applying. This is because if you apply under the eea rules then the fees will be alot less than the fees for indefinite leave to remain which is £1550.

Kind regards
Customer: replied 3 years ago.

Hi Uk lawyer


 


Sorry, when i said naturalisation i really meant ILR. From what you said earlier, I understand that I can apply for ILR now providing i passed life in the UK test because criminal aspect is scrutinized a little less then you apply for citizenship plus it happened 10 years ago and I haven't done anything wrong since then as well as been constantly working. Another option is to apply in a year time for a permanent residence card on the basis of having lived with my wife for 5 years. Am I right in both cases? I'm a bit concerned with this 'good character' condition. you are saying it won't affect me in both cases since it is spent under 1974 Act(10 years wait) even though 2012 change in law(page 3 of that doc. you sent me) states differently (15 years before i'm considered a good character).


 


Many thanks


 


 

Thank you for your reply.

What you stated above is correct, what you must bare in mind is that in December 2012 a new criminality requirement was introduced and therefore the crimes committed are no longer based under the Rehabilitation of Offenders Act 1974. Therefore the link above would apply.

Kind regards