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Hello good people - Will appreciate if anyone can help here.
A quick summary of my timeline -

Jan-29-2012: Arrived to UK with students visa (Tier4)
Jan-20-2014: Switch to spousal visa with EEU national (eea2)
- Marriage broke down early 2017 (But still married, lost contact)
- Forced to switch to tier2 visa through work
Sep-05-2018: Switched to Tier 2 visa
- Up till date on tier 2 visa
Oct-13-2019: Officially divorced with all divorce papers
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By counting i am qualified to apply for ILR on the 10 year route come `Jan-30-2022`

My questions:
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1. I do not have all papers of my ex wife at hand, whats the effect on my application ?
2. I have been offered a new role, and the employer is willing to sponsor on tier 2, meaning i will need to request a new visa from HO via the employer COS.
- If i accepted this offer and assuming HO grants a new tier 2 visa by end of November, how long do i need to wait before i can try to apply for ILR via 10year route ?

3. If i eventually apply for ILR via the 10year route, is it compulsory i use a solicitor ? Or i can apply myself ?


Thanks guyz,
appreciate your advice

phelun2017 wrote: ↑

Wed Nov 10, 2021 1:02 pm

Jan-20-2014: Switch to spousal visa with EEU national (eea2)
- Marriage broke down early 2017 (But still married, lost contact)

The crucial question is, was the EEA national resident in the UK for the time between your marriage to them and your Tier 2 visa?

If they left the UK, your right to reside in the UK may have ended when they did so. Your right to reside in the Uk is entirely dependent on the EU citizen during that time.

Based on these points alone, I suspect that an ILR(LR) application under these circumstances may take longer than usual.

Thanks alot for the quick response @secret.simon

This is where my confusion lies. I honestly do not know if she was in the country(50|50) or she left. It was a dirty breakup.

I have spoken to at-least 4 different solicitors over the phone, and they say it does not matter as long as i already switched to tier 2. But still according to the rules i see your point and what you mean.

Interesting if i cant provide any proof they were in the country within this period, what happens then with an ILR application.

Thanks anyway for the response will keep researching before i eventually make my application.

phelun2017 wrote: ↑

Wed Nov 10, 2021 1:41 pm

Thanks alot for the quick response secret.simon

This is where my confusion lies. I honestly do not know if she was in the country(50|50) or she left. It was a dirty breakup.

I have spoken to at-least 4 different solicitors over the phone, and they say it does not matter as long as i already switched to tier 2. But still according to the rules i see your point and what you mean.

Interesting if i cant provide any proof they were in the country within this period, what happens then with an ILR application.

Thanks anyway for the response will keep researching before i eventually make my application.

You were advised when you asked this in April. Did you go and read the Long residence guide ?? indefinite-leave-to-remain/ilr-10-years ... l#p2006383

Adding to the points raised by Simon above, you must prove that during the time spent under EEA route, your partner was exercising treaty rights. If you cannot prove that with evidence, then you should NOT apply under long residence as you very likely be refused

Once again, thanks a million guyz.

@zima, yes you are right i have asked similar questions in the past.

It all comes down to how HO handles some applications and what some solicitors have told me over the phone. I have a friend who had very similar situation like mine, all he provided to HO was a health insurance they shared with his ex partner. And he was issued his ILR.

Ok, i will refrain from asking same questions.

Thanks guyz