ILR VS PR

[ikram917]

Hi,

First of all thank you so much for reading my post any advice from experience would be much appreciated.

History


I entered in the UK on student visa at 10 jan 2010 which was granted to me in mid December 2009.
I applied multiple times for extension got refused due to clerical errors at-least 2 times eventually got slapped with deception which cost me 2 years of long process to get justice. Eventually won my appeal from higher tribunal, was given visa of 6 months even my course had expired 2 years ago, and got my degree from university but due to deception i couldn't continue to masters.
Question>>
Although i always applied in time never received visa on time. Some time visa or decision came after i was done with my course which i had applied for. did my long residence time continued ???
(my time line of applying visa has gaps due to appeals in the middle but i was never over stayer or lost appeal)

Feb 2017 i was on kind of discretion visa for tier 4 due to wining my appeal when applied for EU family member visa which was granted 6 months after .(after writing to MP and EU immigration help services)
Feb 2022 i can apply for PR after 5 years

Question>>>>
Can i apply ILR now jan 2020 since i lived in uk 10 years legally ??? i am aware of cost difference of PR VS ILR
since Brexit i am in doubt to leave it till 2022?

[zimba]

The rules for ILR and PR are separate. ILR is based on UK immigration rules and PR is based on EEA rules. If you applied and waited for an EEA based application, all that time waiting will be considered overstaying under UK immigration rules (EEA applications do not have section 3C protection). So it sees you do not have 10 years of lawful residence to get ILR under the UK rules. The requirement for PR is that you should have lived here under EEA rules for 5 years and your partner must have exercised treaty rights in all those 5 years. You may instead have to look into the EU settlement scheme and pre-settled status

[ikram917]

Zimba much appreciated reply but,
Almost every body who switches to eu family visa 6 month in minimum wait .
Section 3c allowed me to work till I received next rights so I don’t think it really matters when i got visa .i stayed lawfully.
My main issue is during appeals and home Office taking years to accept mistakes does it counts law-full stay or not .

[CR001]

Zimba much appreciated reply but,
Almost every body who switches to eu family visa 6 month in minimum wait .
Section 3c allowed me to work till I received next rights so I don’t think it really matters when i got visa .i stayed lawfully.
My main issue is during appeals and home Office taking years to accept mistakes does it counts law-full stay or not .

What is your relationship to the EU citizen??

Section 3C does NOT apply to eea residence card applications.

[ikram917]

My wife is EU citizen.
I wouldn’t worry about 3c though Because who ever is applying for ILR and past they had switched to EU law must have waited for their visa to come. STill managed to get ILR without any issue numerous examples of it.

[CR001]

What date do you marry your EU spouse, did you marry within the UK or abroad and what date did your last visa expire under the UK immigration rules before applying for a EEA RC?

Has your EU spouse been exercising treaty rights as a qualified person for the whole time you have been on the EEA RC?

[ikram917]

My own visa expired a week after I applied EU residence card and i was within valid visa when I applied to get married in uk.can’t remember visa expiry date exactly somewhere mid feb 2017 after wedding .yes no issues exercising EU rights either

[CR001]

Did you get married through the registry office or an Islamic ceremony?

[ikram917]

On top i think i made my concerns and questions clear.
Your questions are just extending the post but no answers yet.
Ceremony in council with home Office permission letter attached

[CR001]

Your opening post is not clear at all, hence my questions. If you can't post a concise and detailed timeline of your immigration history on a public forum, people will ask questions to understand.

I will leave others to offer advice if they wish to and understand all the blurb and little details on full immigration history you have actually provided!

[ikram917]

my previous post said the same thing

i have put forward two questions clearly after explaining the background of my questions.
Now let me answer your concerns first,
Without exercising treaty rights no body gets residence card in uk under EU law thats is basic common sence.whih missing on your side.
Islamic marriage does not consitute to marriage for UK BA hence no residenc card if i have it, that means i did Registery.(common sence )
Since i was living here in uk i don't need to go out and get married come back and apply (as uou asked if i got married abraod). so what ever you asked was not mention in post because who ever is capable to answer my questions on top already understand the basic requiremts for getting residence card.

[zimba]

Zimba much appreciated reply but,
Almost every body who switches to eu family visa 6 month in minimum wait .
Section 3c allowed me to work till I received next rights so I don’t think it really matters when i got visa .i stayed lawfully.
My main issue is during appeals and home Office taking years to accept mistakes does it counts law-full stay or not .

You did not have lawful residence under the UK rules when you were waiting for an EEA application, so no you did not have section 3C and you cannot get ILR under long residence as your lawful residence is broken. This is common knowledge. For PR you need 5 years of stay under EEA rules which you do not have either. As I stated you must look into pre-settled status under EU settlement scheme.

[ikram917]

hi zimba i beg to disagree but you have the write to your opinion.My questions still stand

[zimba]

Official , Section 3C don't Apply to Residence Card Apps