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ILR with mixed immigration status

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Chou12
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Posts: 6
Joined: Thu Jul 11, 2013 9:18 am

ILR with mixed immigration status

Post by Chou12 » Thu Jul 11, 2013 9:35 am

Hi all,

I would like to apply for my Ilr on the 10 years lawful residence.
I came in UK in August 2003.
Got student visa until 2008
Then got married in 2008 to Eea national and got 5 years visa
I divorced to Eea national and divorce was granted in April 2013.
We've lived together until December 2012. I cannot prove that the Eea national was working during our 5 years of marriage as he wasn't.
I saw a lawyer who advised we can try the 10 years residence first and if the application is refused, we can then try the retain right of residence.
I'm really confused. Can you please help? It's really urgent.

Thanks,
Chou
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jul 11, 2013 12:20 pm

Chou12 wrote:I saw a lawyer who advised we can try the 10 years residence first and if the application is refused, we can then try the retain right of residence.
I believe the 10 year Long residence would also require evidence that you retained the right of residence.

Therefore, IMHO, the lawyer's suggestion is illogical. If you cannot prove that you retained the right of residence, then the expensive Long residence (KOL required) application will also fail.

Concentrate on proving that you retained the right of residence first, then apply for PR on that basis.

I think you should show that your EEA ex-spouse was exercising treaty rights (was a qualified person or had attained PR) during the period of your marriage.
Last edited by vinny on Thu Jul 11, 2013 1:59 pm, edited 2 times in total.
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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Amber
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Post by Amber » Thu Jul 11, 2013 12:34 pm

If the EEA national wasn't working, what was s(he) doing? Job seeking, student etc....?
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Chou12
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Posts: 6
Joined: Thu Jul 11, 2013 9:18 am

Post by Chou12 » Thu Jul 11, 2013 12:52 pm

Thanks Vinny and Guru. The Eea national was working on and off but not for the full 5 years and in some years he wasn't working at all. I got the proof that he was working during the divorce tough.
Even if I decide to apply for retain right first, when can I apply for PR? Straight after ROR is granted?
Thanks a lot
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jul 11, 2013 2:00 pm

D4109125 wrote:If the EEA national wasn't working, what was s(he) doing? Job seeking, student etc....?
What was s/he doing when s/he wasn't working?
How long has s/he been in the UK?
When did you get married (date)?
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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Chou12
Newly Registered
Posts: 6
Joined: Thu Jul 11, 2013 9:18 am

Post by Chou12 » Thu Jul 11, 2013 2:59 pm

When he wasn't working he wasn't doing anything. He wasn't registered in job centre neither. He's been in the uk for 6 years. We're married in May 2008.
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jul 12, 2013 1:00 am

Note that there are other ways beside working that may still have made an EEA national a qualified person.
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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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Aug 16, 2013 2:47 am

Congratulations!
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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askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Fri Aug 16, 2013 8:18 am

vinny wrote:Congratulations!

is the OP telling us the truth?


here he is looking for an advise how to ROR after divorce or apply under 10 years rule

in another post he already retained his right but need help with the child
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