I'm new on this forum group but I find it really helpful and educative. Here is my concern and hopefully I will get valuable informations!
I came in the UK in July 2008 on a 6 months clearance visa via my brother in law who is an EU citizen with a dual nationality(French&English). He applied for my residence card between dec2008/jan2009 I'm not too sure. I got my EEA FM residence card in Sept2010. It was due to Expire on the 31st of Aug 2015. When the time to apply for my PR card, my bro in law refused to give his documents due to the problems he was having with my sister and due to those same issues I had to leave the house a year bfor the expiry of my visa. All those years I was working and due to the fact that I also had to attend uni I had to move to another city. Since my Bro in law was not willing to cooperate any longer, I had to get a solicitor who advise me to send the application without the supportive documents of my Bro in law and he wrote a letter to the HO to explain the reason why my file is not complete. Obviously the HO refusedth grant me my PR card based on the facts that I did not stayed under the same roof of my EU sponsor for the 5 yrs and that I didn't provide any divorce certificate between him and my sister. In June 2016, when I received the reply of the HO, I appeal against the decision within the date dealine the HO gave to me to appeal and that was in june 2016. My appeal ground was that It wasn't fair that bcuz of the impass that they r having in their marriage I had to pay the price and on top of that he was quiet violent towards me sometimes so I had to leave the house. My sister to protect her marriage choose not to get the police involve since they have kids bcuz she has always wanted the kids to grow up with their father next to them no matter their differences! I eventually got an appeal date from the tribunal in march 2018. On that day, HO barrister did not provide certain documents of my refusal to the judge and bcuz of that the appeal was to July 2018. I new to emphasise that while all this was going on I was already over 18 yrs and now I have passed 25 years. I have no criminal records, I have never claimed any benefits whatsoever and I have always worked and pay my taxes. I'm going to be 10 years in the UK somewhere mid June. My questions are as follows:
Is it possible for me to apply for ILR based on 10 years long residence via premium service? since I have always been given a certificate of application by the HO to my employer while my appeal is pending or,
Should I wait and go for my appeal at the tribunal and based on the judge''s decision apply for ILR 10 years long residence?
Ps: I have already passed the live in the UK test and the CEFR test.
Sorry about the length but I prefer to be clear as much as possible to get the right advise. Thanks for taking yr time to read and all yr advices are welcome
Regards
