How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2047
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

Dear XXXXX I came to England from Ukraine in 2000 as a student

Customer Question

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
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
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 1 year 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.

Expert:  UK_Lawyer replied 1 year ago.
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 1 year 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

Expert:  UK_Lawyer replied 1 year ago.
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 1 year 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

Expert:  UK_Lawyer replied 1 year ago.
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, Solicitor
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year 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

Expert:  UK_Lawyer replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

Customer: replied 1 year 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


 


 

Expert:  UK_Lawyer replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience