ILR - 10 year long residency route

[rjkshr9]

Hello experts,

I am in Uk for 11.5 years

Currently on FLR ( FP ) - parent of British child visa.

Before i was on EEA spouse for 5 years. But was divorced after 3 years of marriage.

I want to know if for ILR 10 year long residency application, do i need to show evidence of my EU partner exercising her treaty rights.

Please Advice.

Thanks

[zimba]

Yes, you do.

Time spent in the UK with a right to reside under EEA regulations
.
.
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://assets.publishing.service.gov.u ... 6.0ext.pdf

[rjkshr9]

since i am divorced with my EU partner and no way i can contact her.
Whats the best way to save my application from refusal

[rjkshr9]

Please help me here with your expert advice

[CULLINAN]

Useful thread:

indefinite-leave-to-remain/10-year-long ... 00341.html

[rjkshr9]

Thanks Cullinan

In the above thread applicant has provided treaty rights evidence but his time under EEA regulation was not accounted for 10 years.

Is this normal coz i have seen time under EEA is accounted in many cases.

What shall i do if I don’t have any evidence of treaty rights as i am not aware of whereabouts of her.

Many Thanks

[CULLINAN]

Thanks Cullinan

In the above thread applicant has provided treaty rights evidence but his time under EEA regulation was not accounted for 10 years.

Is this normal coz i have seen time under EEA is accounted in many cases.

What shall i do if I don’t have any evidence of treaty rights as i am not aware of whereabouts of her.

Many Thanks

Unfortunately, you will have to settle via the FLR(FP) route in due course otherwise.

[rjkshr9]

So currently i am on FLR(FP) - 10 year route.

You recommend I should switch to 5 year route and after 5 years apply for ILR. Is that correct?

For example, my current visa is valid for another year. If i take a chance and apply for ILR on the long residency basis, and if refused, is my current visa will remain valid??

Thanks

[CR001]

If ilr is refused it does NOT affect your valid visa. You download the substantial fee for ilr that you paid.

[CULLINAN]

I do not know the exact circumstance why you were given FLR(FP) 10 year route, obviously you did not meet the requirements for the 5 year child route then. If you meet the requirements now, you may switch or just carry on the same 10 year route, which ever is quicker to ILR for you.

[rjkshr9]

I think bcoz i was divorce with my EEA partner and continued on the EEA visa for 5 years that’s why i was put on 10 year parents visa. But now i have valid visa to switch on to 5 year route.

Do i have to wait until my current visa expires or am i good to switch now.

Please let me know

Thank you

[seagul]

I think bcoz i was divorce with my EEA partner and continued on the EEA visa for 5 years that’s why i was put on 10 year parents visa. But now i have valid visa to switch on to 5 year route.

Do i have to wait until my current visa expires or am i good to switch now.

Please let me know

Thank you

Anytime until the visa expiry if you wishes can switch into it as long as can meet the criteria.

[rjkshr9]

Thanks for advice

Current situation

Holding valid visa
Direct access/ parental responsibility to child ( british)
Not in a relationship with mother (also British)
Masters degree from UK (English)
Income- above threshold

Do i need to have anything else other than the above to be eligible to switch to FLR(FP) 5 year route from 10 year.

Please advice

Thanks

[rjkshr9]

Please give your expert advice on the above.

[seagul]

You would also have to prove:

What you’ll need to prove
You must be able to prove that you’re taking an active role in your child’s upbringing and you plan to continue after you apply. For example you could provide letters from your child’s:

school confirming you take them to school or go to parent evenings
doctor, dentist, or health visitor confirming that you take them to appointments
other parent confirming how much contact you have with your child
If you provide a letter from the other parent, you’ll need to include proof of their identity. This should be an official document which has their signature on it, for example a copy of their passport, tax return or photocard driving licence.

https://www.gov.uk/uk-family-visa/parent

[rjkshr9]

Just gone through the Flr parent visa - 10 year route approval letter from HO... i meet the requirements under RLTRPT - 1.1 a,b & d.. where d is about meeting relationship requirements and immigration status requirements. So my application was considered law full and not overstayer. So the 2 criteria which HO may have considered i didn’t met was either Financial Requirements or English requirements....,

I was granted FLR (fp) under D-LTRPT.1.2

But the thing is i have submitted 6 months pay slip and bank statements showing last 6 month’s regular income and for English i submitted MBA certificate from Uni of Wales...so I don’t understand why they put me on 10 year route...

Could you please advice if HO made mistake and if i call HO, will they change my current visa to 5 year route without the need for fresh application or what is the correct procedure to deal with this situation... i have uploaded my HO letter as reference

[rjkshr9]

Doesn’t allow me to upload letter

[rjkshr9]

Hi
Any expert advice on my situation mentioned above.

Thanks

[zimba]

Just gone through the Flr parent visa - 10 year route approval letter from HO... i meet the requirements under RLTRPT - 1.1 a,b & d.. where d is about meeting relationship requirements and immigration status requirements. So my application was considered law full and not overstayer. So the 2 criteria which HO may have considered i didn’t met was either Financial Requirements or English requirements....,

I was granted FLR (fp) under D-LTRPT.1.2

But the thing is i have submitted 6 months pay slip and bank statements showing last 6 month’s regular income and for English i submitted MBA certificate from Uni of Wales...so I don’t understand why they put me on 10 year route...

Could you please advice if HO made mistake and if i call HO, will they change my current visa to 5 year route without the need for fresh application or what is the correct procedure to deal with this situation... i have uploaded my HO letter as reference

If that was the case then HO was in error. I know someone who complained to UKVI and got the visa corrected and backdated: indefinite-leave-to-remain/5-year-perio ... l#p1856871

[rjkshr9]

Thanks Zimba

Do you think as per my letter HO actually made a mistake.

If i do decide to write a complaint what should i say on the complaint.

Appreciate your help

[zimba]

I believe you are under the parent route rather than the family route

[rjkshr9]

Yes, i am.

[rjkshr9]

As i was granted - parent visa- 10 year route under paragraph RLTRPT - section1.1.a,b & d.

After reading about this paragraph I understood that i meet relationship requirements and immigration status requirements, so I don’t understand why i was put on 10 year route and not on 5 years because i did submit my financial and education evidence.

It was not very clear on the letter. If immigration status was fine, also submitted letter from my child school and all other evidence were also submitted HO should have put me under 5 year route under paragraph RLTRPT 1.1.a,b&c

Now i have already spent over 1 year on 10 year route but i am willing to challenge the decision and put it on 5year with backdated.
To do this i need a 100% confirmation what that paragraph RLTRPT 1.1,a,b&d is for and what were the actual grounds to put me me 10 year.

Please suggest, what should i do.

Thanks

[zimba]

If the applicant meets the requirements in paragraph R-LTRPT.1.1.(a) to (c) for limited leave to remain as a parent the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months with such leave or in the UK with leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECPT.1.1.

Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT.1.1. The requirements to be met for limited leave to remain as a parent are-

(a) the applicant and the child must be in the UK;
(b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent or partner; and either
(c)
(i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and
(ii) the applicant meets all of the requirements of Section ELTRPT: Eligibility for leave to remain as a parent,

https://www.gov.uk/guidance/immigration ... ly-members

If you met the R-LTRPT.1.1.(a) to (c), then you may file a complaint: https://www.gov.uk/government/organisat ... -procedure

[rjkshr9]

Thanks Zimba.

Looking at your guidance and reading a to c again, i am confident i met all conditions.
I am going to complaint and challenge the decision.

Many Thanks