Premanent residence eligibility for non-EEA family member

[uvanisha]

I'm an Indian nation and a legal resident of UK since April 2003. Married to French national (wife).

My immigration application and its history:


Student Visa - April 2003 - April 2005 - 2 years
EEA family permit - (extended family member of EU national(Uncle) exercising treaty rights in UK)- April 2005 - June 2011 - 6.5 years
EEA family permit - (married to a EU national, French, exercising treaty rights in UK) - June 2011 - June 2016 - 1.5 years finished as of now.

Over the 10 years, I have got 3 refusal on all the above applications due to missing documentation issue plus 1 refusal on General Tier 1 visa due to existing visa transition restrictions.

Based on the above immigration history, am I eligble for any route to permanent residence in April 2013? or do I need to wait until June 2016 to finish my current 5 years with my wife's EEA family permit to apply for my permanent residence?

[sheraz7]

Best is to request your SAR file from UKBA to know what information they held for you and also keep in mind that your EEA family member must have been excercised its treaty rights for all of the duration you hold eea family permit.

[Obie]

If you had a refusal and did not appeal, then i don't believe section 3c will be engaged. The implication of this, is that you will not be able to obtain ILR on the basis of Long residence.

However, there is a possibility you had gained PR in 2011, by virtue of the fact that you are an Extended family member, within the meaning of Regulation 7(3), who had resided in the UK for a period of 5 years, as such.