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Hello,

Hope you all are doing great? I would really like a bit of help. I’d like to know if I qualify for long residence so I don’t end up wasting my money.

I first came here 9/2010 on a student Visa
Then I was on on a post-study work visa for 2 years( cannot remember the dates, sorry)
I moved to Tier 1 HS Entrepreneur for 02/2014- 03/2017
After that, I got married to my EEA husband and applied for EEA permit.

Application was rejected in June 2017 because we had to cancel both our passports after we were robbed in London.

I put in an Appeal 5 days later to enable us have time to get our documents back. Appeal date was for April 2018.

I reapplied with all documents again in 10/2017 and withdrew appeal same day.

Got approval on 01/2018. Still on EEA Residence card.

Based on the information given, can I still apply for ILR using the 10 year long residence or have I broken the 10 years route? Is my only option now EU settlement scheme?

I am asking because I’ve only been married for 4 years and EU settlement will only give me the pre-settlement option.

Also, the long residence application fee is too much for me to gamble on.

Thanks in advance.

Have a most wonderful day.

Sorry,

I forgot to add that I made the first EEA application in 02/2017, while my T1 HS entrepreneur visa was still valid. Tier 1 expired 03/2017.

Thanks.

If husband was a qualified person or had PR continuously from when your leave had expired, then I think you are okay under Long residence. KoLL required.

However, isn’t it cheaper to wait a year and go for settled status?

Thanks for responding, Vinny.

We are planning to relocate our business to the EU if their is a no deal.

Applying for ILR now, instead of next year, gives me a one year head start towards the citizenship.

If I apply for the ILR now, it means that I would be able to get the citizenship by this time next year and would not have to worry about the amount of time I’m spending outside the UK.

In any case, I’m tied up here until next year anyway, because I’m doing a professional course that would be ending at the end of next year.

If I qualify for the long residence despite the previous refusal, then I’d like to go ahead with it.

If there is a deal though, we’d probably stay back and just set up a branch in the EU because we like it here.

In either case, I’d just like to know what my chances are so I can get my papers ready to apply at a moment’s notice.

To answer your other question, Yes he’s been exercising his treaty rights as a qualified person. Before, during and after the refusal, and until now.

If there is even a little amount of doubt, that it would be rejected, then I’d probably leave it, even though it would set our goals one year backwards. Both because of the funds and having another refusal on my records.

Hope this helps you to assist me further.

Thanks and have a great day.