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Is it too late to apply under 10 year route

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rosejane
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Is it too late to apply under 10 year route

Post by rosejane » Fri Mar 12, 2021 9:17 pm

hi Everyone

my name is Rose

I came in uk 2005 on a working holiday visa (2 years visa) after that switch to student visa (3 years visa) after that switch to resident card in 2010 (5 years visa) via EU boyfriend. 2015 I apply for permanent residence got refused I didn't provide my EU boyfriend passport or EU card we broke up ( applied via EU law) I've been appealing for 7 years

I am so sick and tired of appealing. I didn't know about 10 years route under UK law I should have gone for 10 years legally in uk

Is it too late to apply under 10 years route

I've been in uk 17 years now

Please help / Advise

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CR001
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Re: Is it too late to apply under 10 year route

Post by CR001 » Fri Mar 12, 2021 9:37 pm

Too late now as you need 10 years of legal stay and evidence of the EU citizen exercising treaty rights for the whole period that you are claiming under the EU rules.

Your right to reside in the UK under the EU rules ended when you broke up with your boyfriend and you therefore had no legal status from that date onwards.
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rosejane
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Re: Is it too late to apply under 10 year route

Post by rosejane » Fri Mar 12, 2021 11:43 pm

CR001

Thank you

vinny
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Re: Is it too late to apply under 10 year route

Post by vinny » Sat Mar 13, 2021 4:36 am

rosejane wrote:
Fri Mar 12, 2021 9:17 pm
2015 I apply for permanent residence got refused I didn't provide my EU boyfriend passport or EU card we broke up ( applied via EU law) I've been appealing for 7 years
Were there other grounds for the refusal?

If the date of the refusal was prior to the introduction of 21(5), then Barnett should have applied?

Was he exercising treaty rights during the whole 5-year period of the residence card?
When did you break up with him? Was it before completing the 5-year period of the residence card?

Unfortunately, as so much time as passed, finding evidence is probably difficult.
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rosejane
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Re: Is it too late to apply under 10 year route

Post by rosejane » Sun Mar 14, 2021 2:51 am

HI Vinny

Failed to provide sponsor original passport or EU card
Yes he was working the whole 5 years
we broke up just before I applied for permanent residence
I applied for permanent residence September 2015

vinny
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Re: Is it too late to apply under 10 year route

Post by vinny » Sun Mar 14, 2021 3:54 am

Unfortunately, you also ceased to be a durable partner after breaking up.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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