remain in the UK on priavte life basis

Hi all,
I heard there is a new rule under article 8, i.e, people can apply to remain in the UK on the basis of private life (10-year route).
Does the applicant need to be in the UK for at least for ten years to qualify to apply for it? I have only been here for about 8 years, the majority time of which I had spent was as my former EEA spouse's dependent, however, my retained right of residency application was rejected. Then a new application was made, but rejected and subsequent appeals were dismissed. Now I am thinking to apply under this route, but not sure if I am qualified. Obviously I do not have a status in the UK when the new application was rejected and subsequent appeals were dismissed.

Also when my 2nd application was rejected, the UKBA did not return my passport. Is it a must for me to ask them to give it back to me in order to make any new application?

Looking forward to hearing from you asap. If no hope, I would have to plan to leave the UK.

Maral

Do you have children?

No, I do not have any children. Any hope?

Slim, but you can try FLR(FP) and argue:

276ADE (1)(vi) wrote:has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

Thanks for your replies. I have checked the application form FLR(FP) and was wondering:

1. What you have quoted "Requirements for a grant of leave on the basis of private life: is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK" indicates that I do not have to have already lived in the UK for 10 years so far in order to apply under this route, but just wanted to double check if this is the case?

2. I have been here for over 8 years as my former EEA spouse's dependent. When my application was rejected and subsequent appeals were dismissed, obviously I did not have any visa et al. Would this have an impact on my application, I,e, the years I have been living here must attached to a certain immigration status, which must not be a dependent of an EEA national, without any interval? The reason I asked is that I want to make sure I meet the basic requirements before submitting an application. I have found the following information. Is it related to private life (10-year route) or long residence route, which is a completely different category, I think.

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: the spouse, civil partner or other family member of an European Union (EU), or 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

3. If I submit an FLR(FP) application, would I get an acknowledgement letter saying I am entitled to work pending the decision is made? How long does it take the UKBA to consider such an application?

4. If the application is successful, I would be issued a 30-month visa which is renewable. 10 years later I will be entitled to be settled? If it is rejected, would I have the right to appeal?

Look forward to hearing from you.

Many thanks

i think, ur chances of success r very slim as u have not completed lawful 10 yr in uk. HO try their best to refuse most application, even most application with children who spend 7-8 years in uk r being refused by HO. I think, since ur case is not strong u should consult with some very very good lawyers, someone who provide free initial consultation or very low fee consultation or no win no fee lawyer etc. if they can guide you to the right direction.
I wonder why ur application for right to retain right was refused, even after appeal, bcoz that application seemed very strong to me.
Home offie most like will not give u letter that u have right to work coz u said, u do not have any visa at present. average time for application is 6month but i have heard time vary a lot. can take a lot more or less. during 10 year long residence a gap of over 28day will break the long residence period.

In the End, all i wrote is my personal opinion based on reading this forum and watching uk immigration programme on TV geo, venus, etc and I am not professional or qualified adviser etc. so everything i wrote could be wrong.