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Dear all,
I been legally living in the UK since 2007. I got married in 2013.

I applied for Permanent residence card under EEA route on the basis that my spouse has been exercising treaty for continuous 5 years. The Permanent residence card has been refused
According to the HO,
Based on the evidence provided, she's been exercising treaty from January 2012 to August 2012 and from 30 April 2018 to Present date therefore I failed to show I acquired Permanent Residence.
However as my spouse is currently exercising treaty rights, they offered me again a residence card rather than refuse my application.
I consider applying for ILR Long residence route ( Permanent card).
I desperately need advice from my guys. Anyone went through my situation? any require documents?

Regards
Vichy

I consider applying for ILR Long residence route

No you can't. ILR based on long residency will fail for the same reason as PR under the EEA rules. To use any time spent on the EEA route during the 10 years long residence, your EU spouse MUST have been exercising treaty rights for the WHOLE time that you were under the EEA rules.

I desperately need advice from my guys. Anyone went through my situation? any require documents?

All the same documents proving your spouse was a qualified person for the WHOLE time you are relying on time spent under the EEA rules.

my Sollicitor told me that I might be able to apply through the long residence route as HO staff could or must apply Discretion and count time spent in the UK as lawful residence for an EU or EEA national.
is he right? guys I really need your advice

vichy01 wrote: ↑

Sun Dec 30, 2018 5:09 pm

my Sollicitor told me that I might be able to apply through the long residence route as HO staff could or must apply Discretion and count time spent in the UK as lawful residence for an EU or EEA national.
is he right? guys I really need your advice

Your EEA route residence is only lawful if your EU spouse was a qualified person exercising treaty rights, which based on your first post, they were not.

See page 24 in the link below about the same evidence you need for ILR LR as you would have needed for PR under the EEA rules.

https://assets.publishing.service.gov.u ... -v15_0.pdf