CHANGE FROM EU LAW TO BRITISH RE: ILR

[oraake]

Hello again, Your support and invaluable advise required once again.

A Non EEA national has been denied PR and has been advised to go down the route of the 7 year Rule based on her child. Now the following her my questions

1. The Non EEA national was not ordered to leave the country. It was agreed that she is indeed a family member of the EEA national (together with her kids) but PR was denied because there were insufficient docs to back up her dependence on the EEA national. Is she able to continue in employment? Is she still legal in the UK ( the EEA national is still here in UK)?

2. The Non EEA national was advised that if the new application (7 year route) is successful, she will be given, together with her kids a visa for 2.5 years which is renewable after the end of the term. Upon completing the 2nd 2.5 years (i.e 5 years) is she able to apply for ILR based on a continued 10 year stay?

3. The Non EEA national applied for the 5 year RC in 2008 but was granted in December 2009. The 5 year RC expired in December 2014. PR unsuccessful and appeal was made. Appeal also unsuccessful in December 2015. In applying for ILR based on the 10 year rule, will the months spent waiting for an appeal date, determination of the appeal hearing and the weeks spent before applying for RC based on 7 year rule be incorporated into legal stay in the UK? i.e. Will she be able to apply for ILR in 2018 without HO claiming that all those months/weeks as mentioned has caused a gap in her lawful 10 year stay?

Your advice is much appreciated.

[noajthan]

Hello again, Your support and invaluable advise required once again.

A Non EEA national has been denied PR and has been advised to go down the route of the 7 year Rule based on her child. Now the following her my questions

1. The Non EEA national was not ordered to leave the country. It was agreed that she is indeed a family member of the EEA national (together with her kids) but PR was denied because there were insufficient docs to back up her dependence on the EEA national. Is she able to continue in employment? Is she still legal in the UK ( the EEA national is still here in UK)?

2. The Non EEA national was advised that if the new application (7 year route) is successful, she will be given, together with her kids a visa for 2.5 years which is renewable after the end of the term. Upon completing the 2nd 2.5 years (i.e 5 years) is she able to apply for ILR based on a continued 10 year stay?

3. The Non EEA national applied for the 5 year RC in 2008 but was granted in December 2009. The 5 year RC expired in December 2014. PR unsuccessful and appeal was made. Appeal also unsuccessful in December 2015. In applying for ILR based on the 10 year rule, will the months spent waiting for an appeal date, determination of the appeal hearing and the weeks spent before applying for RC based on 7 year rule be incorporated into legal stay in the UK? i.e. Will she be able to apply for ILR in 2018 without HO claiming that all those months/weeks as mentioned has caused a gap in her lawful 10 year stay?

Your advice is much appreciated.

What is relationship of non-EEA person to EEA person?
Is the person a direct family member or an extended family member?
If an adult (it appears she is) what is the nature of the dependency?
Do the non-EEA person's children attend primary or secondary age education in UK?

1) If a direct family member then, as long as the EEA national is a qualified person exercising treaty rights (or has acquired PR), the dependent family member has a right to reside & work &/or study in UK.

A RC merely confirms this right - it doesn't grant it.

If they are an extended family member my understanding they will need a RC.
If a carer of child/ren in education there are also derivative rights to explore.