ILR-Application

[patparasa87]

Hi All,

So confused with HO process. Please advice me if anyone any experienced.

1. Basically came to UK in June 2008 under Tier 4 student visa which was valid till sept 2011.
2. From Sept 2011 I had PSW till Oct 2013.
3. From Oct 2013 till Oct 2016 I had Tier 2 (Gen).
4. In Oct 2016 I applied EEA family member (My dad is Deutsche National who is exercising his treaty rights in UK). Application was rejected in March 2017 But made appeal against that decision. The hearing of the appeal is in Dec 2018.
5. While waiting for decision from Tribunal in Jun 2018 I have completed 10 years continuous period for ILR application So My lawyer and myself submitted application to tribunal and send copy of that to HO. Tribunal confirmed me that they got my ILR application.
6. 3 weeks after my ILR application was sent to Tribunal, HO office charged ILR application fees £2399.
7. 3 weeks after they charged ILR application fees I had email from HO saying my application is in process and might take up to 6 months.


So my questions are;
1. I did submit my ILR application to Tribunal under a case ID no (say P12345) but email from HO for ILR
application says different case ID (say 987652). My worry is if they consider my ILR application as another application with different case ID will I be in a risk of losing my 10 yrs continuous period?
2. HO website says it is a priority application, so why is it going to take up to six weeks? please refer link.
3. Normally how long should wait for decision?
4. Should I have to still go for hearing as well?

Note: 1. Time spent on EEA application while waiting for decision from tribunal still count on 10 yrs
continuous period
2. Reason why I submit my ILR application to Tribunal is because we cannot submit ILR application
while waiting for another application decision

these information can be found on this link
https://assets.publishing.service.gov.u ... -v15_0.pdf

[CR001]

Note: 1. Time spent on EEA application while waiting for decision from tribunal still count on 10 yrs
continuous period
2. Reason why I submit my ILR application to Tribunal is because we cannot submit ILR application
while waiting for another application decision

these information can be found on this link
https://assets.publishing.service.gov.u ... -v15_0.pdf

You had no Section 3C protection when you apply under the EEA rules from a UK immigration visa status. You became an overstayer when your Tier 2 General visa expired. Presumably you are over 21 years of age and were not dependent on your EU citizen father at the time your Tier 2 visa expired??

eea-route-applications/official-section ... 14238.html

Lawful residence means holding valid visa or Residence card for the WHOLE 10 years. You do not meet that requirement as you have not and still don't hold a Residence Card.

Based on a previous topic you have posted, not sure if this one is for 'someone else'. Who is this topic on LR ILR for, yourself or someone else??

eea-route-applications/5-year-qualifyin ... l#p1663642

[patparasa87]

I agree with you,
But we can actually request HO to consider this out of HO rules.

Time spent in the UK with a right to reside under EEA regulations

This page tells you how to consider a long residence application when a person has
spent time in the UK with a right to reside under the European Economic Area (EEA)
regulations.
Time spent in the UK does not count as lawful residence under paragraph 276A of
the Immigration Rules for third country nationals who have spent time in the UK as:
• the spouse, civil partner or other family member of a European Union (EU)
national
• an EEA national exercising their treaty rights to live in the UK but have not
qualified for permanent residence
• former family members who have retained a right of residence

During the time spent in the UK under the provisions of the EEA regulations, the
individuals are not subject to immigration control, and would not be required to have
leave to enter or leave to remain. See EEA Nationals guidance for further
information.

However, you must apply discretion and count time spent in the UK as lawful
residence for an EU or EEA national or their family members exercising their treaty
rights to reside in the UK.


Under this we applied.

[patparasa87]

Please refer this as well.

reply from HO as well for counting time spent from eea application on 10 yrs IL application.

https://www.whatdotheyknow.com/request/ ... STHqS0Hf0R