ILR Advice on baiss of 10 years on student , tier1 , EEA fam

sunshine23 · Post by **sunshine23** » Fri Aug 17, 2012 12:25 pm

Hello people

It has been 10 years since i have arrived in UK . It has been a long journey. Here is my timeline

Arrived to uk on SEP 21 2002

untill 31st Aug 2006 had student extensions without any gaps.

There is a Gap from 1st sep 2006 to 24th Oct 2006 . This is because I didn't finish my course untill this date. Uni wouldn't give me Visa letter without finishing the course.

on 24th Oct 2006 got fresh talent visa ( scotland ) for 2 years untill 24 oct 08

Tier1 untill 09 dec 11.

Got married to a EU citizen and applied for EU family permit.( only 3 months in EU status before i qualified for 10 years )

Recieved my EU permit on 06th March 2012.

Now my questions are

1. I am eligible to apply for ILR on the basis of 10 years ?

2. Will my Gaps effect my application ? espicailly the one where university wouldn't give Visa letter for extension. The rest were just processing times

3. Does the new immigration rules effect My application in any way ?

4. Is there a way i could apply without my passport being stuck with homeoffice for 4 months ?

Looking forward to your answers.

Ciao.

Sunshine23

Post by **Lucapooka** » Fri Aug 17, 2012 1:18 pm

Notwithstanding the discretion that would need to be considered for a long residence application where the applicant is currently under EU status, the gaps are too long for consideration under the long residence category.

sunshine23 · Post by **sunshine23** » Fri Aug 17, 2012 2:20 pm

Lucapooka wrote:Notwithstanding the discretion that would need to be considered for a long residence application where the applicant is currently under EU status, the gaps are too long for consideration under the long residence category.

Are you saying that gaps are too long for ILR on 10 years but under EU status they can consider ?

Post by **Lucapooka** » Fri Aug 17, 2012 2:38 pm

No, I'm saying that even if you had no gaps, the the acceptance of your EU residence within the 10 year period is a discretionary allowance. Meaning quite possible but by no means certain. This, however, is a moot point given the gaps which make you currently ineligible in any case.

sunshine23 · Post by **sunshine23** » Fri Aug 17, 2012 2:44 pm

Lucapooka wrote:No, I'm saying that even if you had no gaps, the the acceptance of your EU residence within the 10 year period is a discretionary allowance. Meaning quite possible but by no means certain. This, however, is a moot point given the gaps which make you currently ineligible in any case.

Ok thanks for clarifying .. This can't be right there are many applications for which they takes months to reach a decision. I thought if you have applied before the visa expires it is not considered as a gap.

In my case there is only one gap which is not due to processing times.

Post by **Lucapooka** » Fri Aug 17, 2012 2:48 pm

sunshine23 wrote: I thought if you have applied before the visa expires it is not considered as a gap.

You did not say you applied before the visa expired! If you did, there would, indeed, be no gaps and this discussion can be ignored.

Pay · Post by **Pay** » Mon May 13, 2013 8:14 pm

Guys any update or success story in regards to have EEA as part of ILR 10 years ?

I really appreciate your reply.

Many Thanks

Pay · Post by **Pay** » Mon May 13, 2013 8:39 pm

Guys any update or success story in regards to have EEA as part of ILR 10 years ?

I really appreciate your reply.

Many Thanks

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ILR Advice on baiss of 10 years on student , tier1 , EEA fam

ILR Advice on baiss of 10 years on student , tier1 , EEA fam

EEA and ILR 10 Years

EEA and ILR 10 Years