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10 year long term residence HELP!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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chokedup
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10 year long term residence HELP!

Post by chokedup » Thu Jul 11, 2013 10:04 am

Hi,
I need help as I am really confused, I read on various posts that as long as you are legally 10 years in UK you can apply, but then I came across this

Time spent in UK with a right to reside under EEA regulations
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I have been in UK (student visa) 2003 - 2009, PSW 2009-2011,
EEA family member visa 2012 -2017

Please read page 27 and shed some light on this.
Thanks
Last edited by chokedup on Fri Jul 12, 2013 8:27 am, edited 2 times in total.

Amber
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Post by Amber » Thu Jul 11, 2013 12:37 pm

Was the EEA national exercising treaty rights?
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chokedup
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Post by chokedup » Fri Jul 12, 2013 8:22 am

D4109125 wrote:Was the EEA national exercising treaty rights?
Yes.
-So I can apply but its discretionary.
Last edited by chokedup on Mon Jul 15, 2013 12:20 pm, edited 2 times in total.

Amber
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Post by Amber » Fri Jul 12, 2013 10:02 am

guidance at pg 27 wrote:
However, you must apply discretion and count time spent in the UK as lawful residence for
family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if
they meet all the other requirements for long residence.
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sheraz7
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Post by sheraz7 » Fri Jul 12, 2013 4:40 pm

The time spent under EEA route is counted towards 10 years legal residence as long as the EEA national has been a qualified person for such duration and for which evidences will be needed too.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

chokedup
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Joined: Thu Nov 03, 2011 8:41 pm
Location: london

time spent outside

Post by chokedup » Mon Jul 15, 2013 3:07 pm

thanks for clearing it for me,
the other question is how about time spent outside uk with my EU spouse;
I was away between aug 2012 and may 2013, however, did manage to come back to UK for 3 days in that period(jan2013)
Am I still able to apply?

Amber
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Re: time spent outside

Post by Amber » Mon Jul 15, 2013 5:26 pm

chokedup wrote:thanks for clearing it for me,
the other question is how about time spent outside uk with my EU spouse;
I was away between aug 2012 and may 2013, however, did manage to come back to UK for 3 days in that period(jan2013)
Am I still able to apply?
You can have an absence of max. 180 days at any one time and 540 days in the whole 10 year period. Now since you came back in January you have technically not broken that rule.
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