10 years residency application .. *Help Help*

Hi guys,

I came in uk 2004 as a student

I got married with eu national in 2005
I got EEC residency in 2006
My marriage end in 2008 after three years
my divorce complete at end of 2010
my application got rejected for PR in 2010 as I couldnt provide evidence that my EU wife was exercising treating rights during her stay

I got married again 2010 and I was granted 3 years visa on human rights grounds
Now I have a one year old baby and I work full time
I had continues legal visa throughout my 10 years of stay.

is there any complication to my application before i apply for PR to UKBA?


I will appreciate your help.

Same problem. There may be complications if you couldn't provide evidence that your EU wife was exercising treating rights during her stay.

What do you suggest in this case?

Apply for a 3-year extension of discretionary leave (10) before your leave expires, under the transitional provisions (2.3).

My limited leave to remain is valid till may 2015.

does it worth to try for PR in mean time?

Vinny is correct.

In the absence of evidence demonstrating that treaty right was exercised during your marriage, you may not be able to secure ILR. The cost of that application Is high and may not be worth wasting.

good advice but I will appreciate if you can let me know,

1) IF I want to apply for PR can i submit my application without solicitors?
1-a) what are chances of success/rejection?
1-b) what sort of documents I have to produce toward my application?
1-c) I had valid visa stamped throughout for last ten years but I couldnt qualify for PR. Is there any previous application rejected on similar basis?
2) can it effect my current visa/status or future application to my residency visa.
2-a) As my "limited leave to remain" is to due to expire in may 2015.
2-b) My wife is not in employment and she is talking care of 14 months old baby at the moment but I have an full time employment
3) Can I apply for 14 years of stay in 2018?

HELLO,
I WOULD SUGGEST YOU READ THE REQUIREMENTS FOR LONG TERM RESIDENCE (10 YRS) YOU SHOULD BE FINE
1. YOU MUST HAVE COMPLETED 10YR AS AT THE TIME OF APPLICATION
2.MUST NOT HAVE OVERSTAYED VISA AT ANY POINT DURING THOSE YEARS , NOT MORE THAN 28DAY
3 PASS LIFE IN UK TEST
4 HOLD A DEGREE OR PASS ENGLISH TEST B1
5 EVIDENCE IF WHAT YOU HAVE DONE IN THAT 10YR. E.G P60S.
IT HAS NOTHING TO DO WITH YOUR EX TREATY RIGHT
I WOULD SAY GO FOR IT ! IT IS YOUR RIGHT

austin100 wrote:HELLO,
I WOULD SUGGEST YOU READ THE REQUIREMENTS FOR LONG TERM RESIDENCE (10 YRS) YOU SHOULD BE FINE

I will appreciate if you can send me a link for application (10 years) residency please

1. YOU MUST HAVE COMPLETED 10YR AS AT THE TIME OF APPLICATION

Yes, Its already 10 years and 2 months

2.MUST NOT HAVE OVERSTAYED VISA AT ANY POINT DURING THOSE YEARS , NOT MORE THAN 28DAY

I had valid visa through out. The only gap I have is when my passport was help in HO and my case was due to appear in court.

3 PASS LIFE IN UK TEST?

Is this test compulsory prior to an application? or HO can write to ask me after first assessment to my application?

4 HOLD A DEGREE OR PASS ENGLISH TEST B1

I have a (MSc) degree which I studied in Sweden (taught in english)

5 EVIDENCE IF WHAT YOU HAVE DONE IN THAT 10YR. E.G P60S.

I do have few p60s which may not cover all ten years as I was on study visa and I didnt have a job throughout that period ...

IT HAS NOTHING TO DO WITH YOUR EX TREATY RIGHT

Hmmm interesting argument. Is there any previous case example out there?

I WOULD SAY GO FOR IT ! IT IS YOUR RIGHT

Thanks and I need your help, advice before I make an application

is there any case similar to my story?

is it going to be a difficult case?

was there any similar case previously in uk courts?

Vinny has directed you as what is perhaps best, yet you seem adamant to repeatedly ask the same questions.

I just want to know about outcomes of similar case please.....

So I can decide that i should wait 4 more years before I can apply for PR?

I appreciate your responses ....

Can someone please explain me that how this law will apply in my case..... pleas

Time spent in UK with a right to reside under EEA regulations

This page tells you how to consider a long residence application when a person has spent
time in the UK with a right to reside under the European Economic Area (EEA) regulations.

Time spent in the UK does not count as lawful residence under paragraph 276A of the
Immigration Rules for:

 third country nationals who have spent time in the UK as:
o the spouse, civil partner or other family member of an European Union (EU), or
o an EEA national exercising their treaty rights to live in the UK but have not qualified
for permanent residence
 former family members who have retained a right of residence.

During the time spent in the UK under the provisions of the EEA regulations, the individuals
are not subject to immigration control, and would not be required to have leave to enter or
leave to remain. For more information, see related link: 05 Residence card applications.

However, you must apply discretion and count time spent in the UK as lawful residence for
family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if
they meet all the other requirements for long residence.

This does not affect the rights of family members of EEA nationals to permanent residence
in the UK, where they qualify for it under Regulation 15 of the Immigration (European
Economic Area) Regulations 2006. For more information, see related link: Immigration
(European Economic Area) Regulations 2006 – Regulation 15.