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Hello,

I have a few question if someone professional could please answer them.

I have on tier quality general and applied my extension.
My extention was rejected but in the appeal I declared that I have a eu partner and the judge refused the appeal but gave direction to home office to send me a eu residency card.
I had my own certain reason why I didn't shift to eu resident card before.

In March 24 the decision came. Home office is yet to send me the European resident card.
My 10 years in UK will complete in 10 October.
The questions is a bit odd now.

If for some reason my residence card does not come. What rules will be applied
My this I mean ... If the card does not come
Can I file a ILR application on time with only my documents if the card does not come ? Because My stamps visa did not came though the my judge rules that I Should be issued the visa. But hone office didn't issue the visa yet. ( all this is a assumption if the card does not come in few months)

If I go to the second situation as far as I know
For 3 months I had to give bank statement wage slips for my partner and show that my partner is doing the treaty right. Will I have to pay ILR visa in this situation.

Can someone answer me I will be grateful

Are you married/civil partner of the EU partner?
If not, how long have you been together and do you have children?
Has the EU partner been exercising treaty rights in the UK?
Has there been any break in the EU partner exercising treaty rights in the UK?

Hello
I will redefine my main question

The judge has switched my visa in the court from tier 1 to EU residence card.
When will the new visa rules apply on me.

One the day when court made the decision or
The rules apply on me when home office stamps the visa or send the residency card

I only have this confusion.

You need to answer the questions I asked.

Your question is unrelated to the question I asked.
Why would a judge issue a resident permit if the partner was not exciting treaty rights or was not living tighter
.
I just wanted to know when does the resident card rules apply on me for ILR.
Do they start from the day when the judge made the decision or from the day when the home office will issue the residence card.

Having a EEA resident card is irreverent, you don't need one so the issue date isn't important, what's important are the questions I asked.

Hello
I have talked to a solicitor.
He said in thoes cases when the court switch the visa and the new visa rules apply from the date when the court make the judgement as long as it's not challenged. Which does not happen. So from the date of the court judgement I will be under family permit rules.
And I have to maintain all paperwork for my partner from March and the partner should be exercising treaty rights which should cover that period which is 4 5 months

Amber_ wrote:Having a EEA resident card is irreverent, you don't need one so the issue date isn't important, what's important are the questions I asked.

Thank you for taking the time out to answer my question

Hello,
Amber if you can help me in another question.

In April I got the residence card. My partner was excizing treaty rights.
If you example I get a break in them like I miss April may June or July.
In august she starts the testy rights in terms or job or whatever.

Will I still be able to apply for the ILR 10 years long residence?

I have another advice that I can always apply for extention of ILR and they will give me a 2 years visa for those months I have missed etc

They should 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.

Amber_ wrote:They should 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.

I meet all the other requirements. But these is this issue and I can not cover it. April may June junky august or you can say all 5 months my partner has to go abroad to do some major exams. Then 5 months go missing. End of 5 months I complete my 10 years. All other things are good just these months ell be a issue.
What is best advise able

Were the exams part of a course s(he) was studying in the UK?

Hello
No they were not. The treaty right do not get fulfilled.
So what is the option here

I believe an EEA national can have up to 6 months absence without the period for PR being broken, so whether this could be extended to include protection for your continuous period is arguable. Alternatively, the HO may be happy with the evidence you supply. If your partner was working/registered at college with CSI and was on leave/holiday then the continuous period may not have been broken.

Hello
I will apply just like this. It's a 5 months gap. It should be okay