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Hi guys, I need some help in order to clarify this confusion that one of my friend came in UK march-2002.He was getting LTR's on student basis till July 2008.Then he got married in February 2008 and apply for Residence Card which was issued in Dec 2008.Now he is due to complete his 10 years long residence in March 2012.
Is he eligible to apply for ILR on the basis long residence.He inquired from HO they said he can apply as long as he stays in UK legally during these 10 years without having any gaps.
I have read somewhere in the forum he could not.Please guide me in this regard or any links on the HO website which shows this information.
Many Thanks

Have a look at the official source on the LR:

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

IMMIGRATION LAWYER wrote:Have a look at the official source on the LR:

http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

I have already searched here but didn't find anything specific regarding this.My question is that can he apply ILR on long residence or not.Please tell me.

2.3.2 and 2.3.8 are not specific enough?

vinny wrote:2.3.2 and 2.3.8 are not specific enough?

Thanks vinnay, but it also says in paragraph 3 of 2.3.8
However,if the family member of eea national exercising treaty rights in the united kingdom provided they meet all the conditions of lawful residence then discretion may be excercised.
It means he can qualify,if he is working in the UK and has no gaps.Am I right?Please advice me.Thanks

He should also show that he's a family member of an EEA national and the EEA national is exercising treaty rights in the United Kingdom.

sameer2012 wrote:

vinny wrote:2.3.2 and 2.3.8 are not specific enough?

Thanks vinnay, but it also says in paragraph 3 of 2.3.8
However,if the family member of eea national exercising treaty rights in the united kingdom provided they meet all the conditions of lawful residence then discretion may be excercised.
It means he can qualify,if he is working in the UK and has no gaps.Am I right?Please advice me.Thanks

The imp. bit is "discretion may be excercised". So, it depends on the case worker.

vinny wrote:He should also show that he's a family member of an EEA national and the EEA national is exercising treaty rights in the United Kingdom.

thanks guys again.but if someone got divorced from eea national and retained right of residence in uk in that case what will happen.many thanks

sameer2012 wrote:Hi guys, I need some help in order to clarify this confusion that one of my friend came in UK march-2002.He was getting LTR's on student basis till July 2008.Then he got married in February 2008 and apply for Residence Card which was issued in Dec 2008.Now he is due to complete his 10 years long residence in March 2012.
Is he eligible to apply for ILR on the basis long residence.He inquired from HO they said he can apply as long as he stays in UK legally during these 10 years without having any gaps.
I have read somewhere in the forum he could not.Please guide me in this regard or any links on the HO website which shows this information.
Many Thanks

Immigration law is different than European laws,and time spent under european law does not count to 10 years immigration ILR.so he need to spent 5 years under EU law to get PR.

Long residence is possible under discretion, if he can show that he has retained rights of residence.

However, why bother with an expensive uncertain long residence application? He can get free confirmation of PR when eligible (Feb 2013).

imraniqbal2010 wrote:

sameer2012 wrote:Hi guys, I need some help in order to clarify this confusion that one of my friend came in UK march-2002.He was getting LTR's on student basis till July 2008.Then he got married in February 2008 and apply for Residence Card which was issued in Dec 2008.Now he is due to complete his 10 years long residence in March 2012.
Is he eligible to apply for ILR on the basis long residence.He inquired from HO they said he can apply as long as he stays in UK legally during these 10 years without having any gaps.
I have read somewhere in the forum he could not.Please guide me in this regard or any links on the HO website which shows this information.
Many Thanks

Immigration law is different than European laws,and time spent under european law does not count to 10 years immigration ILR.so he need to spent 5 years under EU law to get PR.

Please read this post regarding the same situation http://www.immigrationboards.com/viewto ... 9c797fc963

sameer2012 wrote:

imraniqbal2010 wrote:

sameer2012 wrote:Hi guys, I need some help in order to clarify this confusion that one of my friend came in UK march-2002.He was getting LTR's on student basis till July 2008.Then he got married in February 2008 and apply for Residence Card which was issued in Dec 2008.Now he is due to complete his 10 years long residence in March 2012.
Is he eligible to apply for ILR on the basis long residence.He inquired from HO they said he can apply as long as he stays in UK legally during these 10 years without having any gaps.
I have read somewhere in the forum he could not.Please guide me in this regard or any links on the HO website which shows this information.
Many Thanks

Immigration law is different than European laws,and time spent under european law does not count to 10 years immigration ILR.so he need to spent 5 years under EU law to get PR.

Please read this post regarding the same situation http://www.immigrationboards.com/viewto ... 9c797fc963

Sameer, Could you please let us know once he got ILR on this base.Cos i have to apply as well.
it would be great help.
thnx

imraniqbal2010 wrote:

sameer2012 wrote:

imraniqbal2010 wrote:

sameer2012 wrote:Hi guys, I need some help in order to clarify this confusion that one of my friend came in UK march-2002.He was getting LTR's on student basis till July 2008.Then he got married in February 2008 and apply for Residence Card which was issued in Dec 2008.Now he is due to complete his 10 years long residence in March 2012.
Is he eligible to apply for ILR on the basis long residence.He inquired from HO they said he can apply as long as he stays in UK legally during these 10 years without having any gaps.
I have read somewhere in the forum he could not.Please guide me in this regard or any links on the HO website which shows this information.
Many Thanks

Immigration law is different than European laws,and time spent under european law does not count to 10 years immigration ILR.so he need to spent 5 years under EU law to get PR.

Please read this post regarding the same situation http://www.immigrationboards.com/viewto ... 9c797fc963

Sameer, Could you please let us know once he got ILR on this base.Cos i have to apply as well.
it would be great help.
thnx

you can definitely apply for ILR there is no such problems but to be very honest i was bit confused before but now i am confident but it is possible.

sameer2012 wrote:

imraniqbal2010 wrote:

sameer2012 wrote:

imraniqbal2010 wrote:
Immigration law is different than European laws,and time spent under european law does not count to 10 years immigration ILR.so he need to spent 5 years under EU law to get PR.

Please read this post regarding the same situation http://www.immigrationboards.com/viewto ... 9c797fc963

Sameer, Could you please let us know once he got ILR on this base.Cos i have to apply as well.
it would be great help.
thnx

you can definitely apply for ILR there is no such problems but to be very honest i was bit confused before but now i am confident but it is possible.

Thank you very much for ur help.