ILR - EEA PERMIT HELP NEEDED URGENTLY.

[talk2adam]

Hi all.

this is my story.

I came to UK on student visa June 2011. Got married to British citizen 2013. granted 2.5year resident card. along the line the marriage broke down. divorced 2016. divorced certificate issued 2016.

enter another relationship with EEA National 2015. living together as a spouse and have our first child together 2016. at the end of 2.5 year i submit an other application to the home office under EEA Route. I was refused due to the fact that she is not working. before their final decision my partner has been working. lawyer advice to do fresh application due to the fact the appeal take ages. we resubmit the application before the given days to appeal and was granted 5 year June 2017. ever since they granted the 5 year she been creating series of problem for me and she pregnant during that time now we have separated during that time. she delivered my second child in December 25 December 2017 in Manchester. now the relationship is broke down again theres more to this issue this is just the short version. Now am stock again. I have so many evidence to proof to home office, council tax, water bill, gas, rent, bank statement, Enhanced DBS, Qualification in health Management Level 3, 4.Pension,Tax contribution,P60, First Child Birth Certificate and bank account i created for her. my personal bank statement and many more.

Any advice based on my immigration history and status am i qualified to apply for ILR??.

[CR001]

ILR based on 5 years residence???

No you don't qualify.

[talk2adam]

You mean. I will be qualify at the end of the 5 years residence???

[CR001]

You need 5 years residence on the EEA Residence Card before you can apply for PR under the EEA/EU rules provided your spouse is a qualified person exercising treaty rights.

Your 5 years starts counting from date of marriage if you are married. If you are not married, then it starts counting from the date your RC was issued.

[talk2adam]

Thank for ur swift respond. so my previous immigration history doesn't count towards ILR?.

[CR001]

Your UK spouse visa does not count towards the 5 years needed for PR under the EEA RC and the EEA RC does not count towards ILR under the UK immigration rules by combining with your previous spouse visa.

You need 5 years on the EEA RC or 5 years on a UK spouse settlement visa.

You can only combine the two different routes for ILR based on long residence provided you EU partner was a qualifying person exercising treaty rights and you have substantial evidence to prove it, for the whole time you are claiming under the EEA route.

[talk2adam]

Thanks for the message. me and my partner are no longer together. now she is sitting on getting benefit where ever she is. I have been sending her some money into her account every month for child support but she went over to child maintain and they have ask me to pay little amount of money to her account every month. she even a violent lady. I dont think she will be able to continue to exercise treaty right. whats other changes do i get at the end of 5 years. due to brexit etc.

[CR001]

Are you married to her??

[talk2adam]

No.

[CR001]

The your rights to reside under the EEA/EU rules ceased once you are no longer in a relationship.

What date did your 2.5 year UK Spouse visa expire??

What was the date of issue of your EEA Residence Card??

[talk2adam]

Here is the details below:

2.5 years UK spouse visa Issue: 18-12-2013
2.5 years UK spouse visa expire : 18-12-2016
EEA resident Card Issue: 08-06-2017
EEA resident Card expire: 04-06-2022

[CR001]

2.5 years UK spouse visa expire : 18-12-2016
EEA resident Card Issue: 08-06-2017

Between spouse visa expiry and residence card issued date, you had no legal status in the UK as an unmarried partner of an EU citizen.

[talk2adam]

Okay. so what are my chances and any advice based on my current situation?

[CR001]

You have no rights to reside based on your unmarried EU partner as you are no longer in a relationship.

If your children are EU, then you might have to apply based on them for a new 5 years residence card.