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Hello,

Can I still apply for ILR using long residence with some time spent under EEA rules or is that closed now? I came here in August 2010, so I would have been able to apply 28 days before the same date in August 2020.

Not sure if it closed on December 31st 2020, or if I can still apply until June 30 2021

I will be relying on 3 years spent married to an EEA national exercising treaty rights.

Thanks.

All routes count for long residence. You will need to submit evidence of the EU spouse exercising treaty rights for the whole period you are claiming as legal stay under the EU rules.

Thank you so much for such a prompt response.

I have already applied for EU settlement scheme and waiting for a response m, but I want to withdraw it and apply for ILR using long residence since I already qualify for that.

Do I need to do that or can I still apply for long residence ILR even after I get EU presettlement visa. I will only get presettled because I’ve only been married for 4.5 years. Will be 5 years in September.

My husband has withdrawn all my money from my personal account and disappeared, leaving me with mortgage and bills.

I’m scared that even if I get presettled, I may not be able to get settled after that because he has refused to apply for EUSS, unless I sign over the majority of our business to him. He says he’s not going to sign any divorce papers which means I cannot divorce and retain rights as soon as possible, and with the business, our divorce may take years.

Please help me. I need to know the best option. I’ve been on this journey for going to 11 years. I cannot afford to lose everything now.

Also, is there a deadline for 30 June to use EEA specifically for long residence, since the route has closed? Or as long as I reached 10years before December 31st, I can apply?

Long residence requires proof of EU partner exercising treaty rights. EU settlement scheme allows you to stay and settle under 'retained right of residence'

https://www.gov.uk/family-permit/retain ... -residence

Thanks for responding.

I’m aware of that. We own a company together so it’s easy to get documents needed to prove he was exercising treaty rights.

I just need some clarification on whether I can still apply via long residence now, and if there is a deadline for long residence application while relying on EEA rules since the UK no longer a member of the EU.

I’m only asking because I heard EEA route applications have closed.

It’s a lot of money so I want to be sure before applying.

Thanks.

Langsky wrote: ↑

Fri Jan 22, 2021 12:40 pm

Also, is there a deadline for 30 June to use EEA specifically for long residence, since the route has closed? Or as long as I reached 10years before December 31st, I can apply?

You are making up deadlines that do not exist.

31st December 2020 was the deadline for EU nationals to move to the UK to qualify for the EU Settlement Scheme.
31st December 2020 was also the deadline for Non-EU nationals to start forming a relationship with the sponsoring EU national and qualify for the EU Settlement Scheme.
30th June is the deadline for EU nationals and their family members to apply for the Settlement Scheme.

You moved to the UK, and formed a relationship with the relevant EU national before the corresponding deadlines. But most importantly, you are NOT applying for the EU Settlement Scheme. So why bring up the deadlines above?

You are applying for ILR. There is no deadline for that.

What is important for your case is that throughout the 10+ years you have lived in the UK you have done so legally (and this means your EU sponsor exercised treaty rights when you resided as their non-EU family member). That is all that matters.

Thanks so much. That’s all I wanted to know.

Was really confused with all the deadlines.

Have a great weekend.