visa expiring three days before my 10 year long residence complete

[NABILAHMED]

I have spend 5 years on student visa and five years as a EU nationals partner, my EEA residence permit will expire on 26 Nov and 10 years will be completed at 1st Dec, Its just three days gap and i am not sure if i can apply for 10 years long residence ILR.
Need some advice.

I got two questions in mind:

what shell i do to cover this three days gap?
can i add 5 years period as a EU Nationals partner in lawful residence ?

Pleas advice me.

[vinny]

It makes more sense to apply for confirmation of PR under the EEA regulations, when eligible. If the PR application fails, then the Long residence application will also fail.

[NABILAHMED]

Thanks for your advice vinny

that problem is my EU partner was not working for 13 months and also she was out of country for 13 months couple of years ago, it means she wasn't using treaty rights and now I can't apply for PR on 5 years EEA2 residence.

do I have to prove that my EU partner was using treaty rights for last five years if I apply for ILR 10 years lawful residence.

Also pleas tell me about this three days gap in my long residence ?

[vinny]

do I have to prove that my EU partner was using treaty rights for last five years if I apply for ILR 10 years lawful residence.

Yes, that's part of the Long residence requirements.

If the PR application fails, then the Long residence application will also fail.