The route to |ILR - Holder of EEA Resident Permit (surinder sing)

[adinaedri]

Hello

We have a simple question with a complicated shistory.. I hope for some insights
I am a BC.
My husband (married 11 years) has a non EU citizenship.
Husband is in the UK on a RC (obtained it via Surinder Sing) since 2016.
In the past, (2006-2011) husband lived in the UK on a work permit which was changed to a spouse visa. All in all 4.5 years)

(we then left, travelled for several years and returned to the UK 2016.)

The question: When could we start applying for ILR? Could the time spent here in the past be counted towards ILR?

Thank you



Thank you

[CR001]

When could we start applying for ILR?

He can't apply for ILR if he is under the EU route. He has to apply for PR once he has 5 years residence.

Could the time spent here in the past be counted towards ILR?

No.

[adinaedri]

Thank you.

You mentioned:
'He can't apply for ILR if he is under the EU route. He has to apply for PR once he has 5 years residence.'

Should we try and change to spouse visa in that case? Can we do that at all?

Thank you.

[CR001]

You could but it will reset the 5 year clock to zero again and a new 5 year route to ILR (2 x 2.5 year visas) and the visa fee is £1,033 for a postal application PLUS £500 Immigration Health Surcharge.

[adinaedri]

Thank you.