Dear OTS Solicitors, I am an Egyptian citizen- I came to UK on July 2014 with marriage visa, then I got marred in Sep 2014 and applied for Residence Permit Card category (spouse/partner leave to remain) work permitted as well. That will be expire on March 2017, What do I have to do next is it extension for another 2 year and 6 months, or Indefinite Leave to Remain (ILR)?? My wife is Irish and settlement in UK she lived here since around 23 years, and we live together in same house. If my next step is apply for Indefinite Leave to Remain, do I have to do the Life in the UK test? I have a friend he just got his Indefinite Leave to Remain approved few weeks ago and he did not do life in UK test, because his wife was European as his Solicitors told him (was divorced when he applied)

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Public Answer: 

Thank you for your question.

We require further information to assist you and would like you to come in and see us. As the husband of an EEA national who has obtained permanent resident status (because she has been in the UK for 23 years), you may be able to apply for a permanent residence Card as the spouse of an EEA national after you have been in the UK for five years. However, to qualify your 'sponsor' (in this case your wife) must have been exercising her Treaty rights; ie working, studying, or being self-employed. If she has not, then you may have to apply for an extension on your existing visa and then Indefinite Leave to Remain after five years in total of residing in the UK.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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