10 Year ILR with 3.5 years under EEA

[gozain]

Hi All,

I am looking to apply for ILR under the 10 year route in May 18 and I would like to ask you guys for any advice or past experiences on applying having spent some time under EEA RP.

My 10 years are as below:
- Apr 08 - Came in to live into the UK in as a Student with the appropriate visa.
- Dec 09 - Switched into a 2 year post-study visa (remained outside UK less than 6 months in between visas)
- Nov 11 – Applied to switch into Tier 2 (General) visa before Post-study expired this application was originally declined, then I appealed and the decision was withdrawn to be reconsidered by HO. They reconsidered the application and this was finally approved in JUL 12
- Jul 12 – Tier 2 is approved (for a validity of only 6 months)
- Oct 12 - I apply for an EEA family permit as unmarried partner (before Tier 2 expired)
- Dec 12 – EEA Residence Card is approved (they retained my Biometric Tier 2 RP during this application as it was expired by this date)
- Jun 16 – I switch into Tier 2 (General) sponsored by my current employer.
- Present – I am still under Tier 2 (General) and have a valid visa until Aug 19.

Questions here is in regards of the EEA time, i need to show evidence on ex-partner excersising treaty rights. My ex partner has left the country and has no documents at hand. I think she can get a letter from the past employers confirming employment during that time.

I understand caseworker should apply discretion, but my question is, what criteria do they use to count this time or not? Do you think letter from employers is sufficient proof?

Considering the above details, do you think this application can be processed on the premium one-day service?

Any details you can give me will help me a lot.

Thanks!

[CR001]

Exact dates of the 6 months tier 2 visa expiry and the exact date of your residence card application and start date would be helpful.

Unfortunately employer letters won't be sufficient. You would need payslips, bank states, P60s, tenancy agreements, utility bills etc to prove your EU partner was a qualified person for the whole period you were on the EEA route.

What date your ex leave the UK?

[gozain]

Thanks for reply.

Unfortunately as they kept the tier 2 RP I do not have the exact dates. I definitely applied for EEA RP before tier 2 expired. I only got the letters from HO where they say the permit had been granted. This was sent to the solicitors I used for appeal.

The EEA RP was valid from December 12 to December 17.

My ex left UK shortly after I switched into Tier 2 around Sept 16.

[CR001]

Did your tier 2 expire before the date on your EFM RC?

What is the exact date of issue of the RC? Stating only month and year is not helpful.

[gozain]

Thanks for reply,

As HO retained my Tier 2 permit when I sent it along my EEA RC application, I do not have the exact expiry date. As per the letter of HO where they approved the Tier 2 I can tell that it started on July 10th 2012.

As per HO letter, my application for EEA RC was admitted on October 11th 2012. Before Tier 2 expired.

The EEA RC, was approved on December 13th 2012. I am almost sure my Tier 2 permit was still valid then, but I may be wrong. What would be the implications of whether it was valid at the time of EEA RC being approved or not? I was under the assumption that submitting the application before expiry would extend your current leave rights until a decision was made...

The EEA RC had a validity of 13th of December 2012 to 13th of December 2017.

I hope this clarifies things.

Thanks

[CR001]

It is really important that you try to find out what date the Tier 2 expired.

What would be the implications of whether it was valid at the time of EEA RC being approved or not?

If your Tier 2 expired before your EFM Residence Card was issued, you were an overstayer in the gap between expiry and RC issue an a period of no lawful residence.

I was under the assumption that submitting the application before expiry would extend your current leave rights until a decision was made...

This only applies to applications made under the UK Immigration Rules. Section 3C does not apply to EEA route applications. You applied as an extended family member (unmarried partner), so you had no automatic rights until the date your EFM RC was issued.

[gozain]

If your Tier 2 expired before your EFM Residence Card was issued, you were an overstayer in the gap between expiry and RC issue an a period of no lawful residence.

If this would have been the case, even for less than a month, can i assume then that the ILR application is automatically rejected? Not even worth trying? Any ideas where I can request information on the Tier 2 Biometric card? I have the card Number in the HO letter it was attached to when i received it.

Thanks again for you help.

[CR001]

Perhaps do a subject access request.

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