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Dear members,

Is it true that non EEA family member resident card for 5 years is not counting for 10 years long resident ILR? one of my solicitor told me that this period of resident card for 5 years are not included for long resident if i apply for ILR in long residency. as it has been change in 2013.

please help as I m having 5 years non EEA 5 years RC and my 10 years completing before its expire. and i m planning to apply for long resident ILR.

thanks for your help in advance.

I don't know about that but you can apply for Permanent Resident status under EEA regulations through the EEA4 form. Permanent Residence is an indefinite leave to remain, which you have automatically after 5 years in the country as the family member of an EEA national who is exercising Treaty rights - an EEA4 merely confirms the right you automatically have. Why would you want to go a 10-year route when Permanent Residence under EEA regulations can be achieved in 5 years? For EEA4, you need to provide proof that your EEA sponsor has been exercising Treaty rights for 5 years (i.e. working, self-employed, studying or self-sufficient) and proof that you and your sponsor have been residing in the UK for 5 years.

faizan2005 wrote:Is it true that non EEA family member resident card for 5 years is not counting for 10 years long resident ILR? one of my solicitor told me that this period of resident card for 5 years are not included for long resident if i apply for ILR in long residency. as it has been change in 2013.

Untrue. However, not recommended.

Note that a RC only provides confirmation of status at the time of the application. It does not confer your status. Moreover,

EUN2.20 wrote:- it is not a compulsory requirement.

Therefore, its expiry also makes little difference.

yes its countable
i know few people got 10years ILR useing RC time as well