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ILR Long Residence

Posted: Fri May 13, 2022 2:41 pm
by georges1111
Dear friends

I urgently want an advice on whether Im eligible to apply for ILR route Long Residence , my immigration history is as follows:
I first entered the UK on a Tier4 student visa in 2011, I was graduated from University. In 2014 I got married to an EEA national, I have made an on time application for an EEA resident card before my student visa expiring date. The application was refused after 6 months then I have made again a fresh application within the 28 days, this also was refused with the right of appeal, I have lodged an on time appeal this was refused in Tier1 tribunal in Jan 2018, so I have applied for a reconsideration from upper tribunal, this was also refused in April 2018. So from April 2018 I have waited till Sep 2018 before I submit a new application for an EEA resident card, this time the Card was granted and it will expire in 2023. At the moment I have an EU settlement application but still not received a decision been a while now. My question is Am I eligible to apply for Long Residence based on my 11 years living in the country or was the lawful resident broken due to waiting 5 months from April 18 to Sep 18 before making an application. Please reply to me.
Thank you.

Re: ILR Long Residence

Posted: Fri May 13, 2022 5:43 pm
by zimba
The old EEA regulations and UK immigration rules were separate systems.
Those applications or appeals under the EEA regulations therefore would NOT invoke section 3C of the UK immigration act (unlike in-time applications made under UK immigration rules). So it did not matter that you applied before your UK visa expiry because you applied under the EEA regulations. Given that there was no section 3C cover for any application under EEA regulations, you ended up being an overstayer when your student visa expired and remained as such until your EU residence status was granted. You were overstaying from when your student visa expired until your EU residence was granted. Therefore, you do not qualify for ILR under the long residence