ILR based on 10 years or under EU laws

[modernslavery]

Dear all,
I have spent 10 years in UK.
2 years (working holiday visa)
5 years (non EEA family member of EEA national)
3 years on Tier 2 general (current visa).

I couldn't apply for PR that time because my EEA national spouse and I had no CMI (comprehensive medical insurance).
My EEA national was self-sufficient. I am no longer in relation with her.
So my question is after Brexit can i apply for PR based under EU laws to get PR under 5 year category? or is it too late because i am on tier 2 visa? also CMI could be the issue?

Can i apply under 10 year category? would CMI still be an issue?

Ant relaxation for CMI under new guidelines?

[vinny]

Can i apply under 10 year category? would CMI still be an issue?

Problem.

Ant relaxation for CMI under new guidelines?

If there is a relaxation, then you should apply for RR under the EEA regulations. Why waste money applying under Long residence or Tier 2?

[Obie]

In any event i am of the view that OP will encounter the same problem in regards to the CSI as he did with the application that was refused under the EEA Regulations.

[modernslavery]

In any event i am of the view that OP will encounter the same problem in regards to the CSI as he did with the application that was refused under the EEA Regulations.

Thanks Obie, I had no refusal. I just changed my category to tier 2. Or you talking in general based on some other example?

if people can get PR even they were calming benefits. Burden on state based under new Brexit policy than CMI should be exempted as well?
Would I be still eligible for PR through EU route, although i am on different category now and not in relation with EEA any more

[CR001]

Long residence ILR will fail for the same reason that you are not able to apply for PR, lack of CSI (or as you call it, CMI). You are required to provide evidence that your EU sponsor was a qualified person exercising treaty for the whole period you are claiming as an EEA FM.

[Obie]

In any event i am of the view that OP will encounter the same problem in regards to the CSI as he did with the application that was refused under the EEA Regulations.

Thanks Obie, I had no refusal. I just changed my category to tier 2. Or you talking in general based on some other example?

if people can get PR even they were calming benefits. Burden on state based under new Brexit policy than CMI should be exempted as well?
Would I be still eligible for PR through EU route, although i am on different category now and not in relation with EEA any more

Are you divorced from the EEA national, when did you divorce, and was she working at time of divorce?

[modernslavery]

In any event i am of the view that OP will encounter the same problem in regards to the CSI as he did with the application that was refused under the EEA Regulations.

Thanks Obie, I had no refusal. I just changed my category to tier 2. Or you talking in general based on some other example?

if people can get PR even they were calming benefits. Burden on state based under new Brexit policy than CMI should be exempted as well?
Would I be still eligible for PR through EU route, although i am on different category now and not in relation with EEA any more

Are you divorced from the EEA national, when did you divorce, and was she working at time of divorce?

Yes I am divorced from EEA national since 2014. she was not working that time. she never work was always on self-sufficient. i have been working full time throughout.

[Obie]

I guess you had no medical insurance up to 2014 when you divorced?

[CR001]

I couldn't apply for PR that time because my EEA national spouse and I had no CMI (comprehensive medical insurance).
My EEA national was self-sufficient.

Then if you have no evidence of her being a qualified person as self sufficient with CSI for the time up to the divorce, long residence ILR will fail.

[modernslavery]

Yes both we had no CSI at the time of divorce.

Any comments on new policy that even people those were calming benefits can get PR through EU route?

On a separate question my ILR based on Tier 2 general after 5 years won’t be affects because I had no CSI till 2014?

[CR001]

ILR based on Tier 2 General is a completely different set of rules and your time as an EEA FM is irrelevant.

[modernslavery]

Thanks