Ilr for eea2 applicant

I'm not sure this is the right place to post this, sorry if it is not.just wondering if any one had a situation where you spent 9 years on a student visa and tier 4 visa then change it to a residence card under eea regulations.Then apply for ilr under 10 year rule.Its coz i spent 9 years on student,tier 4 visa and now i have applied for eea2 residence card.my 10 years will be next august.i have a tier 4 visa which expires on november 2013.but since im not allowed to work i decided to apply for eea2.am i elligible for ilr under 10 year rule if i have mixture of uk and eea leave?thank you very much guys.you guys are very helpfull.

angel25 wrote:am i elligible for ilr under 10 year rule if i have mixture of uk and eea leave?

Yes. See page 27 of Long Residence - modernised guidance.

Thank you very much jambo you are always very helpful.

Jambo wrote:

angel25 wrote:am i elligible for ilr under 10 year rule if i have mixture of uk and eea leave?

Yes. See page 27 of Long Residence - modernised guidance.

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 links: 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.

Page number 30 on
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In this case you can apply ILR after completing your 10 years. However, just keep in mind that the time you will spend on EEA2 RC your EEA national partner must be excercising EU treaty rights in the form of student, self sufficient, worker, self employed etc. If you can give evidence of that then surely you will get your ILR.
Hope it give your better sense.

Englandd wrote:In this case you can apply ILR after completing your 10 years. However, just keep in mind that the time you will spend on EEA2 RC your EEA national partner must be excercising EU treaty rights in the form of student, self sufficient, worker, self employed etc. If you can give evidence of that then surely you will get your ILR.
Hope it give your better sense.

If eea family member got PR then dont need to show treaty rights anymore I belive?

Normally EEA family member gets PR after 5 years under EEA law but in the above mentioned example the only sensible approach should be to apply ILR on completion of 10 years. Remember to know that for getting/holding EEA2 RC only the EEA national activities are counted, therefore the time spend under EEA2 need to be based on the activities of EEA national that is called excercising Eu treaty rights.

any update ? any news ? have they accepted your time under EEA as part of 10 years