ILR 14 year with police caution and EEA route

[cdyz5]

Hi all.

1. landed 2003 to UK to 2010 on student visa never had any issues when extending visa

2. from 2010 to 2012 on PSW (Post Study Work visa)

3. from 2012 to 2018 granted EEA Family permit

4. 2013 April Police caution on child neglect


Desperate wanting to apply for ILR as EEA national have gaps in her employment and those gaps can not be covered. so PR router not possible

if i submit ILR 10 year will the Immigration department UKVI will count my time from the time i was given entry clearance the time i entered in UK. From reading the guidance note they said it will count from the time you entered in UK.

Thanks you.

[CR001]

If you don't have evidence for all the time you were on the EEA route to prove your EU sponsor was a qualified person exercising treaty rights for the whole period, ILR based on long residence will fail.

[cdyz5]

Thank you

EEA national have break/Gaps due to pregnancy.

for example when I was granted EEA family permit in 2012. she was working uptill 2014 august. in period of 2014 to mid 2015 she was looking for job but she get register as a job seeker. applying job on internet. had a baby again in 2015 mid. but she started working in 2016 oct to date.

please advise will this still refuse the appplication on ILR. also never had a CSI either.

[cdyz5]

also is there any other work around for me. seems thing gone more complicated as i wanted to stay in this country KIDS born here. They speak English. they and I have strong ties with UK now. i really dont want my 14 years of life get wasted and to move other EU country to start from zero again.

as EEA national have gaps it will be difficult for me to extend my EEA again in 2018. please kindly give me if there is any option. i am really stressed.

[secret.simon]

See this post about when pregnancy counts for the purposes of residency under EU law.

As you landed in the UK in 2003 and your EU wife did not cease working till August 2014, provided you have proof that you had completed 10 years of legal residence in the UK, I believe that you can still apply for ILR(LR). To the best of my knowledge, there is no requirement that it be the most recent ten years. You must of course be lawfully resident in the UK when you make your application. Wait for others to advise you on this point before progressing further.

But, just to emphasise CR001's point for you and future readers, if the EEA citizen spouse ceases to exercise treaty rights, it stops the clock for both PR and ILR(LR) for the non-EEA citizen spouse.

[cdyz5]

Thank you for the response. You give me a hope i shall made application for ILR 10 years route this month. only one thing worries me i was giving a police caution in 2013.

as money is not a matter as i have save some saving in my circumstance shall i go on the windows one day service or by post. also what if i get refused will they give me right to appeal.

[Obie]

See this post about when pregnancy counts for the purposes of residency under EU law.

As you landed in the UK in 2003 and your EU wife did not cease working till August 2014, provided you have proof that you had completed 10 years of legal residence in the UK, I believe that you can still apply for ILR(LR). To the best of my knowledge, there is no requirement that it be the most recent ten years. You must of course be lawfully resident in the UK when you make your application. Wait for others to advise you on this point before progressing further.

But, just to emphasise CR001's point for you and future readers, if the EEA citizen spouse ceases to exercise treaty rights, it stops the clock for both PR and ILR(LR) for the non-EEA citizen spouse.

That is not quite correct, as the person first need 10 years long residence, but if a person subsequently don't reside consistently with the Regulations, it will break the long residence. There has to be continuous lawful residence without any breach of the immigration rules, after the 10 Years residence has been acquired.

276B(v) applies to period during and after the 10 years residence has been acquired.

From my reading, it appears that the person need to demonstrate that from that period to the period they lodge the application, no event subsequent to that has affected their leave.

[cdyz5]

kindly please advise if am i ok to apply for ILR