I am reaching for 10 years in November 2019

[darth85]

Hello, I am reaching for 10 years now. I have been varying my application since 2016 after my student visa was refused. I have been refused on all my application. By my previous lawyer’s advise I have done few eea extended application which was refused after 4-5 months but never went for JR. I am with a different lawyer and have put a FLR(HRO) under other and outside of the immigration law asking for discretion on the basis of new born baby. I have a new born baby of 5 months now. There is another problem as my wife is overstayer as she had some gaps and we both haven’t done civil marriage from uk only religious. We both are from different countries. Incase HO wants us to leave the baby will be separated. I am thinking of applying for ILR as soon as I reach 10 years but not sure will I get it. I am really looking for advise. My lawyer gives hope but others people stories I read or hear makes me believe I won’t get ILR. Please someone advise what should I do. Thank you.

[zimba]

You cannot apply for ILR as you need 10 years of LAWFUL and continuous residence.

[darth85]

Thanks. But anything else I can do to get discretion leave

[Casa]

With the multiple attempts to remain in the UK, knowing there is no likelihood of success (several EEA applications etc), your legal advisors should be well aware that you stand to be refused under 320(11) of the Immigration Rules due to 'vexatious and frivolous' applications.

How are you and your partner supporting yourselves financially?

[CR001]

I have done few eea extended application which was refused after 4-5 months

Are you aware that these applications don't give you section 3c protection at all? And this period you will have been an overstayer from when your last visa expired.

On what basis did you apply for eea extended family member? Who is the EU sponsor and relation to you??

[darth85]

Thank you. My relative uncle but it was refused. As he doesn’t want to give supporting documents. So i did not bother him asking for more help.

[CR001]

You don't have 10 years lawful residence the n as that whole period of eea applications you were an overstayer.

It would be useful if you could write all the key dates, visa start and expiry dates, dates and name of each application you made, refusal dates etc if you expect any meaningful advice.

On the limited information you have provided, you don't qualify for long residence ILR at all and it will be refused. Also given that both you and your spouse are overstayer and the baby is small, HO could well take the view that you can settle in your home countries as baby is not British.