Immigrationboards.com

Hi,

I hope someone has the answer to the legal standing of my husband's case.

His 3 year leave to remain is coming to an end and various solicitors are saying confusing aspects regarding his iextension; that he can apply for ndefinite leave to remain, and others he can apply for british passports.

He was married to an Irish citizen and under EEA family he was 5 years starting in 2005 and again 2006 as his passport was lost and UK broder agency refused to backdate and gave another visa from 2006. Their marriage broke down and were divorced in 2008. He applied for indefinite leave at the end of 5 years as EEA family member but was refused.

After refusal he applied as a spouse of a British citizen and was given three years in 2011.

Please help we can apply for the extension and apply for the 10 year legal stay next year or is there a room for us to apply now.

Many thanks.

Shelly

Unless he can prove he retained the rights of residence upon divorcing the EEA national he will need to extend on FLR(O) before his current leave expires, after 6 years DLR (so another 3 years) he can apply for ILR. He can not apply for a British Passport without first being naturalised which requires a person to be settled. I'm not sure what type of 'solicitors' you are seeing

What was the reason of refusal of permanent residence application, i think you confusing PR with ILR. What was the refusal reason of PR application.

Hi Amber and Universal Soldier,

Thank you for the replies, much obliged.

The refusal on the ground of unsufficient evidence as his es-wife refused to give any documentations relation to their abode together.

Can he apply now for ILR under the July 2012 rules. As we have been married for 2 years.

Thank you.