Continuity for Long Rout (10years) ILR

[PAK4]

Hi everyone ,
I’ve been robbed previously by Solictors on my visa applications therefore this time I've started to explore information before to go for my next visa application of ILR 10 years. I found this forum quite informative so thought let put my situation in front of knowledgeable friends to find wether I’m eligible for long route ILR or not.
I came to Uk in 01/2010 on tier 4 visa.
Got post study work permit in 2012.
After on it’s expiry on 2014 went for entrepreneur visa for 3 years till 10/2017.
And then on it’s expiry in 10/2017 went on EEA rout as EEA (FM spouse) visa which was granted in 12/2018 for 5 years till 2023.
So now I’m on spouse visa and hold residence card which will expire in 2023.
But I’m thinking to go for ILR 10 years (if it allows me) in 01/2020 after on completion of my 10 years. Can someone plz help me in this regard to know:
Is my 10 years continuity still live or broken after getting residency card on EEA rout spouse visa?

[CR001]

What date did you marry and did you marry in the UK or abroad and when exactly did you apply for EEA FM RC?

Has your spouse been a qualified person exercising treaty rights for the whole time you are using on the EEA route and what evidence and supporting documents do you have to prove this which you will have to submit with your application for ILR LR?

[PAK4]

What date did you marry and did you marry in the UK or abroad and when exactly did you apply for EEA FM RC?

We married in January 2018 in UK. I applied for EEA FM RC before my visa expiry date in October 2017 on the basis girlfriend living together with proof of council tax bill and joint bank account and some pictures. This application got returned because of card declined for HO application fees in 17th December 2017. My Solictor made second application after our getting marriage certificate on 23rd of January 2018. Which was again sent back by HO stating we didn’t sent our Original passport( which had been sent by my Solictor according to him with Application along marriage certificate and other supportive documents) with application so the application is invalid. My Solictor wrote to HO insisting he actually sent passports with application so HO is responsible for losing them but on the other hand HO replied back with same blame that my Solictor didn’t send with application( HO did acknowledge that they did receive them in my first application when they couldn’t collect fee but not second time).
So after getting new passports we made again same application on 5th of May 2018 and got decision in December 2018 by issuing me residency card till 2023.


Has your spouse been a qualified person exercising treaty rights for the whole time you are using on the EEA route and what evidence and supporting documents do you have to prove this which you will have to submit with your application for ILR LR?

Yes she is 100% working and I got her all payslips till now that she is qualified person up to now.

[aman90]

This application got returned because of card declined for HO application fees in 17th December 2017. My Solictor made second application after our getting marriage certificate on 23rd of January 2018. Which was again sent back by HO stating we didn’t sent our Original passport( which had been sent by my Solictor according to him with Application along marriage certificate and other supportive documents) with application so the application is invalid. My Solictor wrote to HO insisting he actually sent passports with application so HO is responsible for losing them but on the other hand HO replied back with same blame that my Solictor didn’t send with application( HO did acknowledge that they did receive them in my first application when they couldn’t collect fee but not second time).
So after getting new passports we made again same application on 5th of May 2018 and got decision in December 2018 by issuing me residency card till 2023.

Assuming ur Tier1 had expired, invalid application, out of time application, the rest is not HO’s problem. Overstayed. Break in continuity..

[PAK4]

But I applied before to get my Tier 1 expire in October 2017 so the rest of the applications were resulted the outcome of my applications. Isn’t?

[CR001]

But I applied before to get my Tier 1 expire in October 2017 so the rest of the applications were resulted the outcome of my applications. Isn’t?

Section 3C protection does NOT apply to applications under the EEA rules. If you were not married before your tier 1 expired, you were an overstayer.

You therefore where an overstayer between October 2017 and the date of marriage. Your long residence is therefore broken as you had no legal status during that time.

[PAK4]

But I applied before to get my Tier 1 expire in October 2017 so the rest of the applications were resulted the outcome of my applications. Isn’t?

Section 3C protection does NOT apply to applications under the EEA rules. If you were not married before your tier 1 expired, you were an overstayer.

You therefore where an overstayer between October 2017 and the date of marriage. Your long residence is therefore broken as you had no legal status during that time.

Thank you guys For this info.
I’ve ordered my SAR from HO sooner I get that I’ll post here to see if still I got any chance to go for this. Thank you

[CR001]

No chance I am afraid. ILR LR requires 10 years legal stay for the whole 10 years and you don't have that. As an unmarried partner of an EU Citizen, you have NO automatic rights. Automatic rights are only if you are married. When you applied for your RC before marriage is irrelevant.

Link below explains that Section 3C of the Immigration Rules does not apply to EEA route applications.

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

[PAK4]

No chance I am afraid. ILR LR requires 10 years legal stay for the whole 10 years and you don't have that. As an unmarried partner of an EU Citizen, you have NO automatic rights. Automatic rights are only if you are married. When you applied for your RC before marriage is irrelevant.

Link below explains that Section 3C of the Immigration Rules does not apply to EEA route applications.

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

Sad moments are starting now. So finally I received my SAR from home office and in this report it’s got exact same dates as I mentioned above. Which means I can’t go for long route ILR.

Now my partner wants to get divorce from me ASAP due to some domestic reasons. I don’t know what to do because it’s only been 2 years since we married.

I need urgent help guys if you know what would be the best option because I have no plan to leave this country yet.

[PAK4]

I spoken to one Solictor today and he advised me to apply for pre-settle status first and then get divorce. To me it doesn’t look right. Because I my RC will get revoked anyway after divorce whether I apply for pre settle status or not till dec 2020.
Any advice on this plz....?

[zimba]

I spoken to one Solictor today and he advised me to apply for pre-settle status first and then get divorce. To me it doesn’t look right. Because I my RC will get revoked anyway after divorce whether I apply for pre settle status or not till dec 2020.
Any advice on this plz....?

Pre-settled status has the same requirements under 'retained right of residence' for EEA family members. You need to have been married for at least 3 years for that to work.

[PAK4]

I spoken to one Solictor today and he advised me to apply for pre-settle status first and then get divorce. To me it doesn’t look right. Because I my RC will get revoked anyway after divorce whether I apply for pre settle status or not till dec 2020.
Any advice on this plz....?

Pre-settled status has the same requirements under 'retained right of residence' for EEA family members. You need to have been married for at least 3 years for that to work.

Thank for you this. Just last clarification for ‘retained right of residence’ do the both conditions need to be apply at the same time of one year resident in uk or by fulfilling one of it we still can apply?

[CR001]

Thank for you this. Just last clarification for ‘retained right of residence’ do the both conditions need to be apply at the same time of one year resident in uk or by fulfilling one of it we still can apply?

You need to be married for 3 years AND have 1 year minimum residence in the UK.

It still will not solve your issue for 10 years long residence.