ILR 10YR App EU dependant

[locust86]

Hi All,

Apologies if there is an existing thread to this.

I have been in the UK legally since end of August 2003.

I am currently on an unmarried partner visa.

On 26 Jan 2011 I left the UK before my student visa expired on 28 Jan 2011. On 04 Apr 2011 I returned to the UK for my graduation as a tourist and my passport was stamped at immigration. I left the UK at the end of April and returned to UK around 10 May 2011 on a graduate visa.

Before the graduate visa expired I changed it to an unmarried visa as my partner is from an EU country.

My question is the validity of the 10 year rule in my case as I heard that because I returned to the UK in April and I had a tourist stamp that invalidated the 10 year rule immediately.

I appreciate any help with this matter.

Kind Regards

[CR001]

All visas count for ILR based on long residence, including tourist visas.

[locust86]

Thank you CR001 for your response.

Regards

[locust86]

Hi all, first of all apologies if this topic has been covered. I have been in the UK legally for 14 years. I have held student visa, graduate visa and currently I am on an unmarried partner visa for the last 4.5 years. Unfortunately things between myself and my partner are not working out and we have decided to go our separate ways. She wants me to cancel my visa which is tied to her. My question is if I do this am I still eligible to apply for my ILR even though my current visa is cancelled? I do not need to apply for a tourist visa because my passport is stamped for 6 months upon arrival. I know I would have to stop working. Any help would be much appreciated!

[CR001]

She wants me to cancel my visa which is tied to her. My question is if I do this am I still eligible to apply for my ILR even though my current visa is cancelled?

No. You have no automatic rights as an unmarried partner of an EU citizen. If your relationship ceases, your right to reside ceases. To qualify for long residence ILR, which I am assuming you are asking about, you require extensive documentation from your EU sponsor for the WHOLE period that you have been on an EFM residence card.

What is the start date of your EFM residence card?

What date did your graduate visa expire?

[locust86]

Thanks for the swift response CR001.

My graduate visa expired on 20/05/13 and my EFM started on 12 JUL 13.

Regards

[CR001]

My graduate visa expired on 20/05/13 and my EFM started on 12 JUL 13.

You don't have 10 years legal residence due to the gap between the expiry of your graduate visa and the start date of your EFM residence card. Your long residence is broken.

[locust86]

I applied for my EFM before my graduate visa expired.

Regards

[secret.simon]

I applied for my EFM before my graduate visa expired.

EFM applications do not extend Section 3c leave. Applications for any documentation under the EEA Regulations work in a different way from applications under the UK Immigration Rules (such as ILR).

So, even if applied for before your leave expires, from the date of the expiry of your earlier leave to remain until the date your EFM Residence Card was issued, you were an overstayer. Therefore your 10 years LR is broken, as advised by CR001.

If you do not complete five years in the UK as an EFM to acquire PR (and you will need documentary proof from your EEA citizen partner for the whole five years to apply for a PR Card), you will have no right to reside in the UK.