Eligibility to apply for an ILR - Tier 2 + EEA Family Member

[Vasm]

Hi,

Based on the facts below, can you please advise if I am able to apply for an ILR either now or in February 019?.

2010-2012 - Student visa
2012-2014 - PSW (post study work) visa
February 2014 - Tier 2 (General) visa
September 2015 - switched to EEA Family member residence card as a spouse of an EU Citizen
June 2018 - divorced EU Citizen. Will receive decree absolute in by second week of July'2018

Since I am divorced now, I have to apply for a retained right of residence (both me and my ex-partner exercise treaty rights in the UK and financially self-sufficient).

Based on the information above, I understand that student visa and PSW are not accounted for an ILR. Considering the time from Feb'2014, I have been a tax payer and on Tier 2 (General) and then EEA Family member. I will be completing 5 years in February 2019 --> Am I eligible to apply for an ILR in February 2019?

Your help will be much appreciated. It is not a very straightforward case and I am struggling to find answers.

Thanks

[CR001]

What date did you get married to the EU citizen??

Did you get married in the UK or abroad?

You cannot combine time on the UK immigration rules and the EEA rules to make up 5 years for ILR. It doesn't work like that.

[Vasm]

I got married in August 2014 in England.

[CR001]

Then you will qualify for PR under the EEA rules in August 2019 if you meet the requirements and depending on what the proposed rules are for non-EU spouses with RoR.

[Vasm]

Thank you CR001

[Vasm]

Also if I marry a non EU, will I be able to sponsor them on my ROR?

[CR001]

Also if I marry a non EU, will I be able to sponsor them on my ROR?

No. You can only sponsor a non-EU spouse once you have PR or 'settled status' and meet the far more strict UK Immigration Spouse visa rules.

[Vasm]

That's a shame! Just one last question - considering I got married in August 2014 in England, however, I got my EEA Family member residence card in September 2015. To be qualified for ILR, is it 5 years from the date of marriage or 5 years from the date of issue of residence card?

[CR001]

That's a shame! Just one last question - considering I got married in August 2014 in England, however, I got my EEA Family member residence card in September 2015. To be qualified for ILR, is it 5 years from the date of marriage or 5 years from the date of issue of residence card?

You qualify for PR under the EEA rules 5 years after your date of marriage.

It is important to note that ILR is an application under the UK Immigration rules, which is not the route that you are on.

[Vasm]

Thank you. Much appreciated!