Before you Apply for ILR

[Efficientefe]

Guys pls I have a yes or No question.

My current spouse visa expires in 2024. However l have been in UK for 12 years, my quesion is can l switch from My EEA Status considering l'm eligible for ILR or its too soon. ?

Have been checking but can't find anything around this topic of switching while My current visa is stil longer than 1 year, can l switch at anytime?

[zimba]

Please provide your immigration history. What do you mean by EEA status ??

[Efficientefe]

Please provide your immigration history. What do you mean by EEA status ??

I have a EEA spouse Visa due to expire in 2024.
I have lived here for 12 Years
I also have a pre-settled status

I am abit unsure how to apply for indefinitely leave to remain.. is the best route to apply for Settled Status and does Settled status also counts as ILR, in other words, is settled status the equivalent of ILR?

Thank you.

[zimba]

EEA spouse status does NOT exist anymore as all EEA rules ceased to exist after the UK officially left the EU on 1 January 2021. So your EEA visa has no legal validity regardless of its expiry. You simply have pre-settled status (granted under Appendix EU of the rules) which allows you to stay here

If you lived here for more than 5 years you are eligible to switch to settled status (ILR): https://www.gov.uk/settled-status-eu-ci ... led-status

[Efficientefe]

EEA spouse status does NOT exist anymore as all EEA rules ceased to exist after the UK officially left the EU on 1 January 2021. So your EEA visa has no legal validity regardless of its expiry. You simply have pre-settled status (granted under Appendix EU of the rules) which allows you to stay here

If you lived here for more than 5 years you are eligible to switch to settled status (ILR): https://www.gov.uk/settled-status-eu-ci ... led-status

Awseome response bro..
I have lived here for 11 years 7months but it turns out I cannot changed my status from pre settled to settled status because my EU partner (sponsor) who also has pre settled status has not been here for up yo 5 years. I spoke to the EU office and they said it doesn't work that way regardless of how long have been in UK.

I am considering applying for lLR under UK office but what am unsure of is if I can apply now even though my current pre settled status is Valid until 2024, does that matter or I can switch regardless?

[zimba]

You can apply for ILR under the long residence rules. The pre-settled status is issued under the UK immigration rules and time spent under such status counts towards ILR under the long residence. Just a note that for the time you spent as an EEA spouse, you must be able to demonstrate that your partner exercised treaty rights

Guide: https://www.gov.uk/government/publicati ... -residence

[Efficientefe]

You can apply for ILR under the long residence rules. The pre-settled status is issued under the UK immigration rules and time spent under such status counts towards ILR under the long residence. Just a note that for the time you spent as an EEA spouse, you must be able to demonstrate that your partner exercised treaty rights

Guide: https://www.gov.uk/government/publicati ... -residence

@zimba

First of all I would like to say thank for taking the time to assist.. however. I have mind so disturbing update so I am going to dive in a little deeper if helps.

I have been in UK since August 2010 and first came as a student but importantly, I have always had a valid Staus and below are the time line:

August 2010-October 2012 = Student Visa
October 2012 - November 2016 PSW Visa
November 2016 - August 2019 EEA Spouse Visa with Now Ex Partner
August 2019 Till date = EEA spouse Visa with current Partner (Now substituted for Pre Settled Status)

Now let me explain a few things, when I first applied for The EU settlement scheme, they called and clarified to me that because my Ex partner No longer lives in the UK and they could not show their Treaty rights, that they will consider granting me a Settled Status, they basically gave me that option but my ex partner had long cut me off, hence I had to settle for the Pre settled status.

I was on the phone to the EU scheme yesterday just to clarify how to go about applying for Settled Status but they adviced that I cannot be granted settled Status because my current Spouse is also on Pre Settled Status and that l could check long stay possibility with UKVI.

Considering have been in The UK 12 years as of now and I was considering to applying for the ILR route that cost £2410, application fee and this Morning, I called the UKVI Support service to ask some standard question about the ILR Application but and the Women on the helpline said '' that while I may have had EEA Spouse Status all along , that its technically NOT a Visa that I am Not eligible for ILR under long stay criteria even though have lived in UK legitimately for Over 10 years.

Half the time she sounded rushed and confused on the phone, is this for real or have misunderstood the long stay eligibility? Am I eligible or NoT?

[zimba]

I already explained the condition to you above. Under long residence, you need to demonstrate that your partner exercised treaty rights for the periods of residence under the old EEA regulations or else you cannot apply under the long residence. If you have no contact with them, then this may pose a problem.

As far as I see it getting settled status under Appendix EU should not be dependent on your ex partner. You may just need 5 years of continuous residence for that, from April 2019.

[Efficientefe]

I already explained the condition to you above. Under long residence, you need to demonstrate that your partner exercised treaty rights for the periods of residence under the old EEA regulations or else you cannot apply under the long residence. If you have no contact with them, then this may pose a problem.

As far as I see it getting settled status under Appendix EU should not be dependent on your ex partner. You may just need 5 years of continuous residence for that, from April 2019.

@zamba
Bro.. l appreciate you, thank you for your support and just to wrap this up, let's focus on the Long residence option.

If I get this right, I can apply but I may have to show the treaty rights of my ex partner for the period that we where together (ie 2014 to 2019) and not her treaty rights as of today 2022?

Also, again we are not talking about the treaty rights of my current Partner but Ex partner for the period we were together. Correct?

Also , the form have filled online does not exactly say ILR but it says TYpe of Visa = LR is that the same as Indefinitely leave to Remain?

[Efficientefe]

I already explained the condition to you above. Under long residence, you need to demonstrate that your partner exercised treaty rights for the periods of residence under the old EEA regulations or else you cannot apply under the long residence. If you have no contact with them, then this may pose a problem.

As far as I see it getting settled status under Appendix EU should not be dependent on your ex partner. You may just need 5 years of continuous residence for that, from April 2019.

@zamba

I have just had a big conversation with fridnd and they reiterated to me that if my marriage is over 3 years to my EEA spouse and chances of survival is little to none that I can apply for what is Called ''a retained right of residence'' after we have fully separated..

Is this accurate information, retained rights of residence following the dissolution of a marriage?

[zimba]

@zamba
Bro.. l appreciate you, thank you for your support and just to wrap this up, let's focus on the Long residence option.

If I get this right, I can apply but I may have to show the treaty rights of my ex partner for the period that we where together (ie 2014 to 2019) and not her treaty rights as of today 2022?

Also, again we are not talking about the treaty rights of my current Partner but Ex partner for the period we were together. Correct?

Also , the form have filled online does not exactly say ILR but it says TYpe of Visa = LR is that the same as Indefinitely leave to Remain?

Under long residence, you need to demonstrate that your partner in this period November 2016 - August 2019 exercised treaty rights. This is the period you held visa under EEA regulation. I assume you had no gaps. The form is SET(LR)

Please go and read the long residence guide is posted above

Retained right of residence used to be granted under the EEA regulations. EEA regulations ceased to be valid after the UK left the EU.

[Efficientefe]

@zamba
Bro.. l appreciate you, thank you for your support and just to wrap this up, let's focus on the Long residence option.

If I get this right, I can apply but I may have to show the treaty rights of my ex partner for the period that we where together (ie 2014 to 2019) and not her treaty rights as of today 2022?

Also, again we are not talking about the treaty rights of my current Partner but Ex partner for the period we were together. Correct?

Also , the form have filled online does not exactly say ILR but it says TYpe of Visa = LR is that the same as Indefinitely leave to Remain?

Under long residence, you need to demonstrate that your partner in this period November 2016 - August 2019 exercised treaty rights. This is the period you held visa under EEA regulation. I assume you had no gaps. The form is SET(LR)

Please go and read the long residence guide is posted above

Retained right of residence used to be granted under the EEA regulations. EEA regulations ceased to be valid after the UK left the EU.

@zamba

I have read it bro and it's useful info.. That said Retained rights of Residence is No longer in Existence, you mean it has Stopped as application option?

[zimba]

No it does not exist. I repeated this several times above and the reason behind it

[Efficientefe]

No it does not exist. I repeated this several times above and the reason behind it

@zamba

If this is the case, that Retained Rights No longer exist, what then are my options if I was to have been:

1) Been divorced but Married for just over 3 years to an EEA national
2) l hold a Pre Settled Status and
3) l have been resident in the UK for less than 5 Years?

Share your thoughts, this would be helpful, thanks!

[zimba]

ILR under the Appendix EU.

https://www.gov.uk/settled-status-eu-ci ... led-status