ILR 10 years Route EEA national sposue.

[chaudharyz]

Hi,

I wonder if someone can help me. I can to the UK in Feb 2006 as a student and remained on student VISA until January 2011. In January 2011 I was granted PSW for 2 years. After my PSW expired I apply for Tier 1 entrepreneur which got refused and went up to upper tribunal, it still got refused there and my lawyer applied for judicial review which got refused as well. Mean while I got married to my fiancé who is an EEA national and I applied VISA as a Spouse of an EEA National which was granted in 2014. I have completed my 10 years in the UK, I was never Illegal for any day as all my appplications were submitted in time and on dates.

My question is that can I apply for 10 years long residency or do I have to wait for another couple of years to be get ILR through EU route.

[physicskate]

Hi,

After my PSW expired I apply for Tier 1 entrepreneur which got refused and went up to upper tribunal,
...
My question is that can I apply for 10 years long residency or do I have to wait for another couple of years to be get ILR through EU route.

Care to clarify? These two statements seem to contradict each other!

[chaudharyz]

I applied for Tier 1 entrepreneur VISA which got refused.. but it was in appeal when I switched to EEA spouse. I did not leave the country. and stayed legal as all of the visa's and appeal were filled on time.


I am living in the country for 10 years. when I went to see a lawyer I was told that I might be refused as switching during an appeal can break continuity for 10 years route.

[physicskate]

Hi,

After my PSW expired I apply for Tier 1 entrepreneur which got refused and went up to upper tribunal,
...
My question is that can I apply for 10 years long residency or do I have to wait for another couple of years to be get ILR through EU route.

Care to clarify? These two statements seem to contradict each other!

This indicates that you applied for your Tier 1 after the expiry date, and because that application was not successful, your stay between marrying EEA national and the expiry of your visa was not covered by 3c.

If you applied before the expiry of your PSW, you should be good to go! Remember to provide evidence of your spouse exercising treaty rights!

[chaudharyz]

Tier 1 was applied before the expiry of PSW.

[noajthan]

There is no 'visa as spouse of EEA'.
There is a RC which would have been valid on the day of issue.

When did you get married in relation to all the court battles and UK visa-related activity.
Was spouse/sponsor exercising treaty rights continuously from time of wedding? can you prove it?