Why isn't he eligible?

Hello

I have a question about my BFs visa.
I don't understand why he is not eligible to apply for ILR and was wondering if someone here could explain it to me?

He is Egyptian. He got his visa as the unmarried partner of his ex. They had been living together since 2004. He applied in 2007, as family member, and was given it in 2009. No problems were encountered, and the delay was simply because of the HO backlogs. He laminated his visa, and when he travelled he was told it needed not to be laminated, so sent off for a new one. When he received his new one the date on his visa was now a year later (August 2015 expiry date). He and his ex married in 2010, but divorced 2013. No new visa application was made on this marriage.

As he has been here since 2004, and the HO awarded him a 5 year visa as unmarried partner (of his ex) why is he not eligible for ILR?

Thanks in advance

Something doesn't add up here. If he was granted an Unmarried Partner visa in 2009, under the pre-July 2012 rules he would have qualified for ILR after two years. What nationality is his ex-wife?

Was his ex an EEA national and did he apply under the EEA regulations?

Hi ex wife is Polish.

He says he didn't apply as he had a visa that didn't expire until 2014 (amended to 2015). He did not see the point in applying for new visa until that one expired.

Now his solicitor says he has to apply for FLR FP with me as unmarried partner as his only option.

That's what I suspected. He was issued with a EU permit, not a UK visa.

So what does that mean?
sorry for being dense, I am new to the visa situation.

To qualify for ILR he needs to be here for 5 years on what type of Visa?

lai2248 wrote:He and his ex married in 2010, but divorced 2013.

lai2248 wrote:Now his solicitor says he has to apply for FLR FP with me as unmarried partner as his only option.

If he was married, then he was automatically her family member. If she was a qualified person or had attained PR during the marriage and the marriage had lasted for at least 3 years, then he may have retained his right of residence and be eligible for confirmation of PR.

He may also have attained his PR earlier, possibly in 2012, while he was still with his ex.

vinny wrote:He may also have attained his PR earlier, possibly in 2012, while he was still with his ex.

This is what I was wondering. if he was eligible after 3 years to apply, but chose not to, can he apply on those grounds now?

vinny wrote:If he was married, then he was automatically her family member. If she was a qualified person or had attained PR during the marriage and the marriage had lasted for at least 3 years, then he may have retained his right of residence and be eligible for confirmation of PR.

He may also have attained his PR earlier, possibly in 2012, while he was still with his ex.

also, he got his visa as unmarried partner of his ex, as they weren't married when he applied for visa

I think that the EEA route is worth trying. Were they married for at least 3 years too?

vinny wrote:I think that the EEA route is worth trying. Were they married for at least 3 years too?

No 2 years 10 months!!