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EEA2 to ILR 10 Year - Not sure how to approach EEA section

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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littleleggaroo
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EEA2 to ILR 10 Year - Not sure how to approach EEA section

Post by littleleggaroo » Wed Jul 04, 2018 8:37 pm

Hello :)

I'm going to be applying for ILR via the 10 year route in August, and I need some clarification on how best to prepare my application. My visa history is as follows:

2008 - 2009: Student visa
2010 - 2012: PSW visa
2012 - 2016: Tier 2 visa
2016 - Current: EEA2 residence card (spouse of Irish citizen)

My husband applied for permanent residency last year, which was granted and backdated to 2016 before we were married. On the SET(LR) form there is a section to provide details of time spent in the UK as the spouse of an EEA national exercising treaty rights. Given my husband's change in immigration status after I received my EEA2 residence card, do I:

a) Need to fill out the EEA section
b) Need to provide all of the documents he submitted with his PR application, or will his PR document suffice?

Thanks in advance for any advice!

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zimba
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Re: EEA2 to ILR 10 Year - Not sure how to approach EEA section

Post by zimba » Thu Jul 05, 2018 1:41 am

You must show that your husband was exercising his treaty rights for the period you are claiming.
Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.
https://www.gov.uk/government/publicati ... -residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

littleleggaroo
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Re: EEA2 to ILR 10 Year - Not sure how to approach EEA section

Post by littleleggaroo » Thu Jul 05, 2018 7:40 am

Zimba wrote:
Thu Jul 05, 2018 1:41 am
You must show that your husband was exercising his treaty rights for the period you are claiming.
Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.
https://www.gov.uk/government/publicati ... -residence
I understand that. However, my question is whether or not his permanent residence document and the letter which states when it is valid from qualifies as sufficient evidence, or if I still need to submit all the documents he submitted with his PR application.

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zimba
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Re: EEA2 to ILR 10 Year - Not sure how to approach EEA section

Post by zimba » Thu Jul 05, 2018 12:24 pm

What the guide says is to show he was exercising treaty rights so all the evidence he gave for PR better be included
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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