EEA Family member 10 years based ILR

[cdyz5]

I am in the same situation.
Came on student visa 19th Dec 2003 to until 2010.
In 2010 got a post study visa. In 2012 applied a EEA
Partner living together. I was issued eea2 visa which will
Finish in 2018.

EEA partner is not exercising the treaty right at the moment.
But she did from 2011 to 2014.

So can I apply ILR?

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

I am in the same situation.
Came on student visa 19th Dec 2003 to until 2010.
In 2010 got a post study visa. In 2012 applied a EEA
Partner living together. I was issued eea2 visa which will
Finish in 2018.

EEA partner is not exercising the treaty right at the moment.
But she did from 2011 to 2014.

So can I apply ILR?

Don't think so, you don't have PR (& if you did you wouldn't need ILR) and sponsor is not currently a qualified person.
So counting back in time, your 10 years is broken.

And as sponsor is not exercising treaty rights you have no current basis to remain in UK.
You need to regularise your position especially with all this wild talk of Brexit.

[cdyz5]

Thank you for replying.

Kindly please put more light on "sponsor is not exercising treaty rights you have no current basis to remain in UK"

[noajthan]

Your EFM RC is not a visa.

Your right to reside in UK is based on your sponsor being settled in UK or, if not settled, exercising treaty rights.

If a qualified person for only 4 years sponsor will not have acquired PR.

What is sponsor doing these days?
Does sponsor have CSI?
Claiming benefits?

[cdyz5]

Thank you for quick reply.

What is sponsor doing these days?
Does sponsor have CSI?
Claiming benefits?

1. Partner is acting house wife. Looking after 3 kids.
2.no
3.we are talking child benefit and child tax. Our both name on it.but money goes in my partner account.

I have read here you can apply long residence with EEA family visa.

[noajthan]

Thank you for quick reply.

What is sponsor doing these days?
Does sponsor have CSI?
Claiming benefits?

1. Partner is acting house wife. Looking after 3 kids.
2.no
3.we are talking child benefit and child tax. Our both name on it.but money goes in my partner account.

I have read here you can apply long residence with EEA family visa.

Being housewife (however important for the family) is not good enough for EU treaty rights.

No CSI means sponsor is not a self sufficient qualified person. You need to fix that asap.

Your sponsor not being a qualified person (no treaty rights) means you will fail 10 years LR.
(Assuming 10 years counted back from application date).

[cdyz5]

Thank you.

"Your sponsor not being a qualified person (no treaty rights) means you will fail 10 years LR.
(Assuming 10 years counted back from application date)."


What if I put my ILR from date arrival in UK 2003 to 2013. This is the time when my partner was exercise her treaty right.

Appreciate your swift reply.

[noajthan]

My understanding is the 10 years is counted back from date of application so you are 3 years too late for that.

[cdyz5]

Dear noajthan, You said your understanding. shall i take that you are not certian on this?

[noajthan]

Dear noajthan, You said your understanding. shall i take that you are not certian on this?

Yes, you need to crosscheck. I assume you have the guidance to hand if you're planning to apply.
I'm on mobile, I don't have it, am relying on memory.

PR may be acquired in the past but ILR is not PR; different legislation/regulations apply.

[cdyz5]

Residence in the UK
The UK consists of Great Britain and Northern Ireland. Time spent in the Republic of Ireland,
Channel Islands or the Isle of Man does not count as residence in the UK for the
purposesof long residence even though they form part of the common travel area.
For more information on continuous lawful residence, see links in this section:
•Breaks in continuous residence
•Early applications
•Examples of continuous residence
•Breaks inlawful residence
•Out of time applications
•Treatment of temporary admission
•Time awaiting a decision on an application or appeal
•Time spent in the UK with a right to reside under EEA regulations
•Time spent in UK while exempt from immigration control
•Examples of continuous lawful residence

[noajthan]

No treaty rights (via sponsor) = no right to reside as EFM under EEA Regs.

[cdyz5]

Thank you for your expert advise.

[secret.simon]

I could be wrong (I am definitely not certain about this), so do not get your hopes too high (probably too late now), but I faintly recall Vinny stating in an old thread that any block of 10 years legal residence qualifies for ILR Long Residence and that it does not have to be the latest 10 years.

If he has the time and inclination, he may step by to confirm or refute this statement.

EDIT: I am fairly certain I am correct.
Page 11 of the Long Residence guidance states

Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past.There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous
application or grant.

[noajthan]

Have you checked guidance yet?

In case time from the past can be used, how was sponsor exercising treaty rights earlier?
Is rock solid evidence available?

Be aware sponsor does not have PR and needs to sort out her status in UK because 'Brexit is coming'.

[cdyz5]

Dear secret.simon,
Thank you appriciated your input in this.

[secret.simon]

Noajthan is correct in that you will have to prove both the continuity and legality of the 10 years Long Residence.

And the legality of your stay as the family member of an EEA citizen requires the EEA citizen to be exercising treaty rights, not just residing in the UK. As such, you will need good proof of such exercise of treaty rights.

[cdyz5]

Have you checked guidance yet?

In case time from the past can be used, how was sponsor exercising treaty rights earlier?
Is rock solid evidence available?

Be aware sponsor does not have PR and needs to sort out her status in UK because 'Brexit is coming'.

1. I have just read the guidance not. I could not find anything against me. But you Guru's can give better advise. I am just a newbee here.

2. My partner, was working part time in a supermarket 2012 to 2014. and for me (student 2003-10, and Post study visa 2012, it make 9 year if i put her treaty right of 2012-13. i get 10 year lawfuly living in UK)
yes rock solid evidence available. her wage slips and p45,p60 etc.

3. what if sponsor does not eligble for PR? as it stand only work soild evidence is from 2011-2014 that it. you mentioned get CSI. i can not back date the CSI but can get her back to part time work. in this case will i be eligble for visa/pr in 2018?

please advise...

[noajthan]

2. My partner, was working part time in a supermarket 2012 to 2014. and for me (student 2003-10, and Post study visa 2012, it make 9 year if i put her treaty right of 2012-13. i get 10 year lawfuly living in UK)
yes rock solid evidence available. her wage slips and p45,p60 etc.

3. what if sponsor does not eligble for PR? as it stand only work soild evidence is from 2011-2014 that it. you mentioned get CSI. i can not back date the CSI but can get her back to part time work. in this case will i be eligble for visa/pr in 2018?

please advise...

You need to have been covered by a EFM RC for any period you claim under EEA Regs.
And sponsor needs to show she was a qualified person for all of that time.

2) Work needs to be 'genuine and effective'; that's EU law, partime can be ok.

HO may play hardball and apply their MET
test on top of the cleaner, purer EU requirement;
that is to see if they agree someone is/was a worker.

3) Sponsor needs to become a qualified person.
For example, get a job or start a business.
If selfsufficient she needs CSI but benefits may be a problem.

Its probably too late for sponsor (and you) to acquire PR now (as you will be starting from zero);
partner would do well to at least get RC as EEA(QP)

[cdyz5]

You need to have been covered by a EFM RC for any period you claim under EEA Regs.
And sponsor needs to show she was a qualified person for all of that time.

2) Work needs to be 'genuine and effective'; that's EU law, partime can be ok.

HO may play hardball and apply their MET
test on top of the cleaner, purer EU requirement;
that is to see if they agree someone is/was a worker.

3) Sponsor needs to become a qualified person.
For example, get a job or start a business.
If selfsufficient she needs CSI but benefits may be a problem.

Its probably too late for sponsor (and you) to acquire PR now (as you will be starting from zero);
partner would do well to at least get RC as EEA(QP)

what is EFM RC?
Apologies i am jumping on the concusion here. this converstion is gettting too technical in regards to ILR and EEA immigration. I understand the point 2,3. but did not understand fully the first few sentences on the top. so could it be possible if i can apply ILR as by looking my history (EEA) my partner is not eligble for PR. and as public is panic (people like me) for Brexit. so i persue the ILR route to secure my root here.

[noajthan]

Extended family member Residence Card.

Yes it is complex; Europe and treaty rights is not as simple as showing up and living somewhere.

More than ever its important to get it right with Brexit on the cards.

Whichever way you go your sponsor/partner needs to sort herself out for security, stability and peace of mind.

[cdyz5]

Extended family member Residence Card.

Yes it is complex; Europe and treaty rights is not as simple as showing up and living somewhere.

More than ever its important to get it right with Brexit on the cards.

Whichever way you go your sponsor/partner needs to sort herself out for security, stability and peace of mind.

I want to thank you for your valued time you gave me. now the plan of action.
1. seems ILR is not possible, personally i would love to try and put the application but the fee is too high. so better i leave it. as chances are too low to secure the ILR anyways.

2. get my partner a part time job if that not possible than get her selfsufficent/ or self employed.
3. restart the PR clock and wait 5 year more. but we never know what come out of Britexit. need booter of hope here
4. put head down and counting the day to wait when one day i become a British citizen.

[Obie]

I could be wrong (I am definitely not certain about this), so do not get your hopes too high (probably too late now), but I faintly recall Vinny stating in an old thread that any block of 10 years legal residence qualifies for ILR Long Residence and that it does not have to be the

This may be a pigment of your imagination. I don't believe an experienced person like Vinny will say what you are seeking to atribute to her.

The section 276 that came in since July 2012, requires a person to have leave or not have overstayed for more than 28 days at the time of the application.

There for simply picking any ten year period is not sufficient. A person will need leave after that or else they will fail.

You may be correct under the rules prior to 9th July 2012 but not after.

[secret.simon]

This may be a pigment of your imagination.

I have been told that I have a colourful imagination.

The Long Residence guidance that I cited is dated 8th March 2015. So, it must have incorporated the changes that you list.

What I believe that the guidance states is that the 10 years of legal residence need not be the 10 most recent years, but any block of 10 years of legal residence.

As I understand it, you must be in the UK to apply for ILR(LR). But it is possible to have clocked 10 years of legal residence in the past and have left the UK and then hypothetically return on a visit visa and apply for an ILR(LR). One would not thus be in breach of immigration laws for more than 28 days.

I am sure that had I seriously misquoted Vinny, (s?)he would have corrected me with a link to their original post.