On an EEA permit but married to a British citizen?

Question

Hello, I wonder if anyone would be able to help me.

My father is South African and my mother is Dutch and have applied for indefinite leave to remain in the UK. They are currently living and working in the uk. I got an EEA family permit through my mom, I since have got married to a British citizen and we have had a baby.

I am really confused on what too do with regards to the visa side of it. I have been on my family permit since the 31 January 2005 but my visa is valid till September 2009 which is 4 months short of the new rule of 5 years in the uk before you can apply for indefinite leave to remain. I don't think I will get the 4 month extension on my visa as I'm not financially dependent on my mother anymore as I am now married.

I have seen so much information that if you have been married for 4 years outside the uk, you can apply for indefinite leave to remain. By the time my visa is up in September 2009 I would have been married to my husband for 4 years. Cant seem to see any info for if we were living in the uk together as husband and wife for 4 years but not on a spousal permit.Should I stay on my EEA family permit? If I stay on my EEA family permit what do I do if my visa falls short of 4 months of the 5 years required in order to apply for indefinite leave to remain. I am just worried that the immigration law will change again. I feel so unsecure in the uk now that I have a child. I'm constantly worrying about them changing the law and me ending up having to leave my husband and daughter behind and the life we have built together.

thanks

Jo

Answer 1

If you've had a child with your British husband, I see no reason why anyone would make you leave. Also, your mother is from the EU and that will help out.

But to be on the same side, get in touch with the Immigration office and badger them til your get some answers.

There are plenty of people living in the UK on expired permits, illegally or without the family ties you have, so you SHOULD be fine, but sometimes that sort of info slips through the net and families who should be able to live in the UK cant.

Like I say, get in touch with Immigration, state your case completely as to your situation. Make a big deal of your British husband and child and get some answers in writing.