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10 year ILR 3c issue

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

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Ijazking
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10 year ILR 3c issue

Post by Ijazking » Thu Nov 02, 2017 2:40 pm

Graet source of website appreciate.
I have couple of question to ask.
I came student visa 2007 December and I am going to apply 10 year route application.
I was legally on student visa till 2016 ,May after I apply EEA civil partner and it was refused on January 2017 then I apply flr fp and it's still on process .
My confusion is about EEA application .does it break 3c on long residency. According to my solicitor this law announce 17 March 2017 and my EEA application applied date May 2016 and decided on January 2017 so we may challenge them just in case the law was came after application decided .please suggests me what is the best option for me

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CR001
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Re: 10 year ILR 3c issue

Post by CR001 » Thu Nov 02, 2017 2:51 pm

I apply EEA civil partner
Married or unmarried?
it was refused on January 2017
What was the reason for the refusal?

Section 3C of the Immigration Rules DOES NOT apply to EEA RC applications (click)
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Ijazking
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Re: 10 year ILR 3c issue

Post by Ijazking » Thu Nov 02, 2017 4:26 pm

It was unmarried relation and the refusal was no evidence provided .

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CR001
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Re: 10 year ILR 3c issue

Post by CR001 » Thu Nov 02, 2017 4:28 pm

Then you had no legal residence in the UK from the date your student visa expired in May 2016 and therefore do not have 10 years legal residence to qualify for ILR LR. You are currently an overstayer.

An unmarried partner of an EU citizen does not have any automatic rights as you are considered an extended family member.
Char (CR001 not Casa)
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Ijazking
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Re: 10 year ILR 3c issue

Post by Ijazking » Thu Nov 02, 2017 4:42 pm

On my EEA refusal they allow me to put new application within 14 days so do you think I am still consider overstated as I had never refused my visa before .

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CR001
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Re: 10 year ILR 3c issue

Post by CR001 » Thu Nov 02, 2017 4:50 pm

14 days is standard response to submit a new application, it doesn't automatically make your stay legal. You have been an overstayer since your student visa expired, nothing will change that.
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