TIER4 + EEA2 = ILR

[sheraz7]

If a person has spent 8 years on student visa but 2 years on eea2 and in these 2 years the eea partner is self sufficient on the monthly wages of its non-eea partner and 2 different medical insurance companies used to buy their private health plan in each two years. Does the non-eea partner can apply ilr.

[Lucapooka]

Theoretically possible at the discretion of the caseworker. Please read the long-residence IDIs for an elaboration.

[sheraz7]

This chapter (LONG RESIDENCE AND PRIVATE LIFE) is really very tricky because on one hand they say the time spent as eea national spouse is not counted because no leave to remain needs but on following paragraph they say that discretion should be applied if eea partner excercising treaty rights.
Generally 10 years is based on lawful residence and if eea partner is excercising treaty rights then non-eea's residence is legal then why they are referring to use discretion as it already fulfill the meaning.

[Jambo]

Generally 10 years is based on lawful residence and if eea partner is excercising treaty rights then non-eea's residence is legal then why they are referring to use discretion as it already fulfill the meaning.

10 years is based on lawful residence under the immigration rules. People under EEA regulations are not under immigration rules so strictly speaking don't meet the requirement. However, the caseworker will use discretion and will count this time (assuming the EEA partner meets the EEA regulations requirements).

[sheraz7]

Thanks jambo. So in above situation the ilr can be granted. But when applying ilr if the eea partner has already got eea1 registration card two years ago then is there only need to send eea1 card or all bank statements and private health insurance policy documents covering the last 2 years spent under eea2.