ILR (LR) application with 4 year on EEA RC

[kiran2044]

Hi all,

I entered the UK on 8th September 2007, hence I will be completing my 10 year this September. Please see my timeline below:
8th September 2007 - 30 August 2013 (Student Visas and PSW, under UK immigration law)
2nd November 2013 - 2nd November 2018 (EEA Residence Card)

My PSW was valid from 30 August 2011 to 30 August 2013, and I sent an application for EEA Residence Card based on Unmarried Partnership in July 2013 (Certificate of Application dated 8th July 2013), which was approved and I received the Residence Card valid from 2nd November 2013.
- Now, the big concern I have is the time between 30 August and 2nd November, am I considered as an overstayer?
- Is my 10 year continuous period broken? I made an application (although under EEA law) and received the letter of acknowledgement before my PSW expired, will this not be enough for the continuity?

Thank you

[CR001]

You had no section 3C cover as this does not apply to EEA route applications. From the date your PSW expired to the date the EFM residance card was issued, you had no legal status as you hace no automatic rights an unmarried partner of an EU citizen.

[kiran2044]

Thank you CR001,

As the time spent with EEA Residence Card does not come under UK immigration law, for the purpose of 10 years discretion is applied. Similarly, if there would be an intime application to switch from UK immigration category to EEA category, and while doing so if there is a gap between the last visa and the new EEA RC, do they not apply discretion for this as well?

Many thanks

[CR001]

For 10 year ILR, you can use time spent on EEA EFM provided you have evidence of the EU partner being a qualified person exercising treaty rights and it is all submitted with your application.

However, to qualify for ILR long residence, you must have 10 years of lawful stay, which you don't have as your PSW expired on 30 August and your residence card is only valid from 2 November. So for two months, you had nothing.

You have no automatic rights under the EU EFM route as an unmarried partner as you are an extended family member. You would only have automatic rights if you were married.

[kiran2044]

Thank you very much CR001