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ILR delay

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Kecy
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Posts: 3
Joined: Fri Nov 12, 2021 8:53 pm
Chad

ILR delay

Post by Kecy » Fri Nov 12, 2021 9:07 pm

Hi all

I applied for ILR set LR via super priority in September and received complex issues letters after several complains and escalations , contacted the MP too ; I received a postal letter from the local MP explaining they are still conducting checks and enquiries and when they come back I should get a response ; or I can provide proof of employment of my EEA ex spouse which obviously I don’t have fully because of harsh divorce (relying on 5 years out of the 10 years) to note refund of the spv was denied to me and the caseworker emailed twice to tell me he intends to reply by beginning of December .
On the other hand I am wondering if there is any difference between liv set 5 and liv set 7 etc
A friend of mine under the same exact conditions and route applied but his went to liv set 7 and mine liv set 5 ; he was refused ILR but granted 30
Months ; I’m stressing but waiting now patiently thanks

Kecy
Newly Registered
Posts: 3
Joined: Fri Nov 12, 2021 8:53 pm
Chad

Re: ILR delay

Post by Kecy » Sat Nov 13, 2021 6:30 pm

Can anyone help please ?

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zimba
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Re: ILR delay

Post by zimba » Mon Nov 15, 2021 1:41 am

You are required to demonstrate that your EEA partner exercised treaty rights otherwise time spent as an EEA dependant cannot count as lawful residence under the long residence. I do not know what you are on about regarding liv set 5 and liv set 7

Sufficient evidence must be provided to demonstrate that the applicant has been
exercising treaty rights throughout any period that they are seeking to rely on for the
purposes of meeting the long residence rules.

When granting a Long Residence application in which a person has relied on a
period of leave in the UK exercising treaty rights as an EEA national or their family
member, any grant of leave must be made outside the Immigration Rules.
https://assets.publishing.service.gov.u ... gov-uk.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kecy
Newly Registered
Posts: 3
Joined: Fri Nov 12, 2021 8:53 pm
Chad

Re: ILR delay

Post by Kecy » Mon Nov 15, 2021 7:25 am

Zimba wrote:
Mon Nov 15, 2021 1:41 am
You are required to demonstrate that your EEA partner exercised treaty rights otherwise time spent as an EEA dependant cannot count as lawful residence under the long residence. I do not know what you are on about regarding liv set 5 and liv set 7

Sufficient evidence must be provided to demonstrate that the applicant has been
exercising treaty rights throughout any period that they are seeking to rely on for the
purposes of meeting the long residence rules.

When granting a Long Residence application in which a person has relied on a
period of leave in the UK exercising treaty rights as an EEA national or their family
member, any grant of leave must be made outside the Immigration Rules.
I am aware of that and requested a discretionary consideration of the case ; I have some proof but not all….they are aware so I am waiting and hope it goes well. My question was really about liv set departments not my case thanks anyway

https://assets.publishing.service.gov.u ... gov-uk.pdf

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