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Urgent query about eligibility for ILR application

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

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

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Pete249
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Posts: 29
Joined: Mon May 21, 2012 7:26 am
Location: London

Urgent query about eligibility for ILR application

Post by Pete249 » Sat Aug 31, 2013 9:20 am

Hi all,
I would appreciate if anyone could tell me if I qualify for ILR under 10 years lawful residence rule.

This is a summary of my case.
I have been lawfully living in the UK for more that 11 years; with no criminal conviction and currently working for a Local Authority Government.

Currently EEA family member (granted 29/05/2012; till 29/05/2017)
entered the UK on 29/06/2002 with a student visa. I successfully applied for extension (in-time) until 02/02/2010 when I was granted PSW for 2 years (expiring on 02/02/2012.
I got married to my wife with whom I am currently living with. She is exercising her Treaty Right as a student in the UK.

I was going to apply for ILR using Set(LR) form but got confused when I read on the UKBA website that time spent as a family member of an EEA National does nor count toward qualifying period as not subject to immigration controls. The same paragraph states that discretion can be applied by case worker.

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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United Kingdom

Post by Amber » Sat Aug 31, 2013 9:35 am

You can use time under EEA regulations so far as you provide evidence that your partner was exercising treaty rights.

See page 27 (click)
**this forum is not intended to be a substitute for professional advice**
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Pete249
Newly Registered
Posts: 29
Joined: Mon May 21, 2012 7:26 am
Location: London

Post by Pete249 » Sat Aug 31, 2013 9:42 am

Thank you, D4109125

I will be sending my application in by the end of September if everything goes to plan.

Cheers.

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

Post by vinny » Sat Aug 31, 2013 10:40 am

Don't forget KOL.
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.

imran1u
Junior Member
Posts: 97
Joined: Mon Feb 03, 2014 8:28 pm

Re: Urgent query about eligibility for ILR application

Post by imran1u » Tue Feb 04, 2014 6:35 am

Hello MAte ,
Any update from your application , because i will be in same boat soon,
i have ,
4 and half years as student,
2 years as PSW
3 and half year as EEA Residence Card,

My Wife ( EEA National ) , is working here and we are living together, She is working part time.
* Will i be eligible for 10 years long Residency ?
* With My application Should i send my wife Last 3 years P60 will be enough or i have to send some more documents aswell. ?
* What this Excersicisg Treaty Right, Is this mean she is working and living in uk.
I will be great full for Any updates.

Regards
Khan

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