Immigrationboards.com

HI sirs
This is my current immigration history in a sort form. from 2006 to 2015 June I was in student states which is 9.5 years. In June 2015 I have made an application in( EEA extended family member application)in order to extend my leave. Unfortunately, my EEA application was refused in September 2015 and made an appeal against the decision also by the time I was complete my 10 years in 2016 January so I have made an ILR application. Home office refuse the ILR application reason is EEA application not count as a continuous period total of 10 years.
1FFT allowed in article 8 private life
2 HO appealed decision
3 Upper ask to reconsider in FFT
4 FFT refuse recently
please be help out to make my case succeed and please If you come across this experience please share. Thank you for your valuable time.

The HO decision is correct. Time spent waiting for an EEA application or appeal is outside the UK immigration rules and therefore not covered by section 3C. Your have been an overstayer since June 2015 and you are not eligible for long residence

Zimba wrote: ↑

Thu Aug 02, 2018 1:04 am

The HO decision is correct. Time spent waiting for an EEA application or appeal is outside the UK immigration rules and therefore not covered by section 3C. Your have been an overstayer since June 2015 and you are not eligible for long residence

What do you mean by 'outside the UK immigration rules'...?? So what about time spent waiting for SET O outside the immigration rules applications...Human rights applications article 8 base...please reply.

For long residence you need 10 years of lawful residence. Between June 2015 and Jan 2016 you had no lawful stay as per UK immigration rules. As I said, EEA related applications are NOT covered by UK immigration rules meaning that you get no section 3C protection. Time spent as EEA family member ONLY counts towards long residence as long as it was spent lawfully, so any time spent waiting or appealing an EEA related application (without a valid visa) is considered overstaying/unlawful

HI
what can I do next?
any other alternative routes available?

Your leave has been broken for more than 180 days since 2015 so nothing you can do. If you can be granted EEA, then you can stay for 5 years further and apply permanent resident.

jerome86 wrote: ↑

Mon Aug 06, 2018 2:21 pm

HI
what can I do next?
any other alternative routes available?

No path to ILR. What are your circumstances ?? Why did you apply for EEA route ??