Long term ILR with EEA and "3C"

[Zirammalik]

Good Morning Everyone,

I have been following the Forum for sometime and it had helped me a lot with my EEA2 application last year, I need your helip again regarding the 10 year long term ILR, My time line is below

10/2006-06/2012- Student + Tier 4
06/2012- Application for Tier 4 sent, In time Application
13/01/2013- Application Refused with right of appeal
18/01/2013 - Appeal Lodged
24/04/2013- Got Married
01/05/2013- EEA2 Application Sent
08/05/2013- COA with right to work
09/05/2013- Appeal Withdrawn by me
11/2013- Refused RC as they cannot confirm Spouse treaty rights
11/2013- New EEA2 Application
24/06/2014- EEA RC issued after home visit.

Sorry for such a big time line, I understand that until the appeal was not withdrawn i was continuing my Continuous lawful residence under 3C, I got married and the application for EEA RC was made i withdrew my appeal, My question is Did i break my continuous residence after i withdrew my appeal or was it broken as i understand that from the day i got married i was legally in the country and my wife has been exercising her treaty rights.

Thanks for reading the post and i would be very thankful if someone can guide me

[Zirammalik]

Hi guys, I would be grateful if someone can give me some guidance on my issue

Thanks

[sheraz7]

You should be fine. In accordance to section 3c(2)(c) & 3d(2)(b) the leave will continue until an in time in country pending appeal is finally determined/withdrawn/abandoned. Apart of that you must have the treaty rights evidences of EU partner for the time you lived as family member of EU national. Moreover, it will be wiseable to order SAR file for knowing your exact immigration history in UKBA records. Hope it clarify you.

[Zirammalik]

Hi sheraz7,

Thanks for your reply, I have my SAR file, is there anything specific to look in it, It is such a big file and i don't understand a few bits in it.

Thanks.

[sheraz7]

You should read the caseworkers remarks between the relevant dates especially when you lodged appeal and when you withdrawn. But as your first eea2 RC was refused due to insufficient treaty rights evidences which I think may effect your application because from the time you withdrawn your appeal and become EU national's family member you will need treaty rights evidences to claim such period as legal residence in the pursuit of ILR on long residence basis.

[Zirammalik]

I will do that, we have all the payslips and P60 form 2011 as my spouse is going to apply for PR next year as well.
Thanks for your response sheraz

[sagareva]

topic starter

you did not need your 3c leave from the date of your marriage so you are fine in that regard

but focus on treaty rights evidence -- for you to show continuous residence you need for spouse treaty rights to be continuous -- and it looks like there has been a problem with that at one point?

and remember that including your time under EEA regulations in the long residence ILR is not a right, it's a current concession by the HO which they may withdraw before autumn 2016, for instance -- and you no longer have continuous residence under immigration rules. right now their manuals say that periods of residence under EEA may be included, but it is tricky

given how long and hard and expensive ILR long residence cases are, especially doubtful cases where they may have been a break in treaty rights and EEA is mixed with Immigration rules etc etc, you may be better off waiting to spring 2018 --the 5th anniversary of yoru marriage -- and arguing on the basis of EEA law alone

all imho as i have not seen your file and do not really know the facts there

[vinny]

right now their manuals say that periods of residence under EEA may be included, but it is tricky

Actually,

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.

[Zirammalik]

Hi All,

Thank you for your great comments.

Proving treaty rights from the date of marriage is not a problem, the only issue with refusal was because my spouse changed job and I did not inform HO, We have all the Payslips and P60.

The main reason I want to apply for ILR is due to the uncertainty about UK future in EU with the referendum.

I was reading the Long term ILR guidance notes and as Vinny pointed out it says "you must apply discretion" , but who knows what will happen in 18 months time, they might completely scarp the 10 year long term ILR.

Again i would like to thank everyone for their comments