Permanent residence card to Indefinite leave to remain

A bit of back ground. My EU wife has settled status and so does my daughter, my son is a British passport holder. Residence document as follow: 17.11.2008-17.11.2013 Residence card of a family member of an eea national and current 10.12.2013-10.12.2023 permanent residence card. We own a property( still encumbered my a mortgage) and both my wife and I have been in full time employment for the whole of the duration of stay in the UK. I did not apply for settled status but I am looking at applying for long residence 10 year route. When looking at the application it does not state that practicing EEA treaty rights includes lawful stay. And I’m wondering if I should be looking at a different route or if the BRC valid for 10 years count towards lawful stay. Any comments will be greatly appreciated.

Why didn’t you apply for settled status for free within the time limits?

We did not know that I could or should apply for it. Even when my wife applied for her and my daughters settled status we never noticed that I should apply as well. Looks like that ship has sailed now so looking at what steps I should take now going forward

Your card has no value at all and you do not have any legal status in the UK. The UK left the EU on 1 Jan 2021 and all the EU legislation ceased to exist. Your residence card has no validity at all, despite its expiry date. You should have applied under the EU settlement scheme and acquired pre-settled status (or settled status) before the deadline. Only time spent before 1 Jan 2021 under EU legislation counts for ILR under the long residence, assuming your partner was exercising treaty rights during such period.

Since 1 Jan 2021, the EU legislation is gone and any lawful residence time must have been spent under UK immigration rules ONLY. You'd probably have to acquire a new status under the family route and start your lawful residence from scratch

Some thoughts.

vinny wrote: ↑

Sat Nov 25, 2023 2:20 am

Some thoughts.

Go ahead and apply for the SS now and put enough reasons on why you didn't apply within the allowed time frame. Proper covering letter, you may want to consult with an immigration solicitors. There must be a way round it, they aren't going to kick you out of the country for sure.