EEA family member refused on 10 years long residence

goga · Post by **goga** » Fri Feb 04, 2011 1:28 pm

Dear Sir

I would be greatful if anyone reply or advise me on such a issue which is related to me or others.

well I applied ILR on the basis of 10 years long residence with a mix of 6 years student and 4 years family member of EEA national. They kept my passport for 1 year and sent me a refusal saying that to calculate the long residence, time spent as EEA family member does not count. by saying "does not" mean that there is no such law but on the contrary, Home office's website it says "However, the family members of EU/EEA nationals exercising their treaty rights to reside in the UK are here in a lawful capacity. Provided they meet all of the other requirements, discretion may be exercised to count this time as if it were lawful residence".

I went to citizen advice and he is agreed with me and all the lawyers I have been talking to, so I am told to request a review on decision as I dont have a right to appeal.
also do you think that the same case worker will be reviewing the case?
can anyone share experience or has anyone got the ILR on such conditions?

regards

Post by **vinny** » Fri Feb 04, 2011 2:58 pm

Alternatively, you may have PR by now?

goga · Post by **goga** » Sat Feb 05, 2011 1:14 am

hi

my wife is EEA national and she is eligible to get PR as she worked for 5 years continuously but when she got married to me she worked 4 years contineously as last year she did not work. I rang Home office and they said that she can apply for pr as she has worked 5 years and completed the period but because she was redundant and did not work for a year which means when she got married to me she worked 4 years continuously so I am short of 1 year.

I am told to apply for 5 years residence card which I had it before and expiring in march this year.

86ti · Post by **86ti** » Sat Feb 05, 2011 8:16 am

Your timelines are somewhat confusing. Can you make that clearer? From the time your wife has become a permanent resident she does not need to exercise treaty rights anymore (that's the point of PR). This means that being out of work as a PR does not affect your application. So, from when was she a PR, since when exactly have you been married, etc?

goga · Post by **goga** » Sat Feb 05, 2011 12:59 pm

hi thanx for the reply

she came to uk from netherland(dutch national) in sep 2004. she started working in october 2004 through agency and end of december 2004 she got the permanat job. so while she was working for the same company, I got married to her in june 2005 and we started living together. she was redundant on the 1st of januarary 2010 as company was reducing the number of staff.

I applied the residence visa on the basis of EEA family member in sep 2006 and I got 5 years residence visa. now my visa is also expiring in march 2011. now wife is not working. I rang Home office and they said if my wife proves that she has worked for 5 years she can apply for PR and as far as I am concerned, I can apply for another residence visa which can be 1 or 2 year.

so this is the situation. I have not lived illegaly for a single day of my 11 years in this country but still not eligible for PR or ILR.

Post by **vinny** » Sun Feb 06, 2011 2:28 am

Ask them to reconsider your Long residence application, citing the Immigration directorate instructions > 2.3.8.

86ti · Post by **86ti** » Sun Feb 06, 2011 8:06 am

How I see this: your wife is a PR resident since end of 2009, you are since June 2010. Of course, you would need all necessary evidence for those periods if you want to have it confirmed by the UKBA.

goga · Post by **goga** » Sun Feb 06, 2011 1:09 pm

hi
thanx vinny for your reply. yes I have consulted the citizen advice bureau and the advisor said I do have a case. he is preparing a review application with his senior immigration case worker. hopefully I will get it by monday or tuesday, I will send it same day.

I am also scared that they might take 1 more year to reconsider my application which is so painfull. but I dont have any other option left.

hoping for the best.

goga · Post by **goga** » Sun Feb 06, 2011 1:26 pm

hi
thanx 86ti for your reply. yes you right that my wife is entitled to apply for PR as end of 2009 she had completed 5 contineous years in uk and she had been working all these years too.

but as far as my case is concerned, I could have applied in june 2010 for my PR but my wife was not working from jan2010 to jun2010, so she was not excersing her treaty uner EEA LAW. and I was short of 6 months.

but now I have got another point. I am requesting you to think about that as well. my point is that Because my wife completed 5 years and worked too, she was entitled to apply for PR in end of 2009 and therefore she did not have to excercise the treaty under EEA law for me in 2010. so the 6 months gap from work by my wife should not be counted when deciding my case.

waiting for your reply

86ti · Post by **86ti** » Sun Feb 06, 2011 6:39 pm

goga wrote:but now I have got another point. I am requesting you to think about that as well. my point is that Because my wife completed 5 years and worked too, she was entitled to apply for PR in end of 2009 and therefore she did not have to excercise the treaty under EEA law for me in 2010. so the 6 months gap from work by my wife should not be counted when deciding my case.

That's what I have said earlier.

goga · Post by **goga** » Fri Feb 11, 2011 2:08 pm

hi
I did read about someone on this forum sharing the experience of getting ILR on the basis of 10 years long residence as a family member of EEA national. I think that was when Home office was accepting same day services for 10 years long residence application.

I lost the link and trying to search it but no success so far.

please if anyone has read it, could you please send the link.

I will be greatful to you.

regards

imraniqbal2010 · Post by **imraniqbal2010** » Fri Jul 22, 2011 11:31 am

goga wrote:hi
I did read about someone on this forum sharing the experience of getting ILR on the basis of 10 years long residence as a family member of EEA national. I think that was when Home office was accepting same day services for 10 years long residence application.

I lost the link and trying to search it but no success so far.

please if anyone has read it, could you please send the link.

I will be greatful to you.

regards

HI Goga,
I m in the same boat as you.
Any update

Did u get ILR?
thnx

imraniqbal2010 · Post by **imraniqbal2010** » Fri Jul 22, 2011 11:34 am

86ti wrote:How I see this: your wife is a PR resident since end of 2009, you are since June 2010. Of course, you would need all necessary evidence for those periods if you want to have it confirmed by the UKBA.

And also once someone got PR, then after that dont need to exercise treaty rights??
Does it mean if my wife got PR and i m on EEA2 then my wife dont need to show job?

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EEA family member refused on 10 years long residence

EEA family member refused on 10 years long residence