EEA2 and ILR 10 years

[kamransh]

Hi guys,
I have a question
scenario is

4yr x Student
2yr x PSW
2yr x Tier 1 (General)
2yr x EEA2
total 10 years.

Can i apply for ILR 10 years under UK rules or wait another 3 years to get a PR under EEA rules.

I have been reading this on UKBA site which is quite confusing
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It states:
This page tells you how to consider a long residence application when a person has spent
time in the UK with a right to reside under the European Economic Area (EEA) regulations.

Time spent in the UK does not count as lawful residence under paragraph 276A of the
Immigration Rules for:
 third country nationals who have spent time in the UK as:
o the spouse, civil partner or other family member of an European Union (EU), or

o an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence

 former family members who have retained a right of residence.

During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain. For more information, see related links: 05 Residence card applications.

However, you must apply discretion and count time spent in the UK as lawful residence for
family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if
they meet all the other requirements for long residence.

Last para contradicts everything above.

Would be great to have your input

Thanks

[Jambo]

The 10 years ILR requires residence under the UK immigration rules. EEA regulations don't come under the UK immigration rules. In spite of that, the CW will count time under EEA regulations as part of the 10 years.

[kamransh]

Thanks Jambo..

Its sounds as a discretion of the case worker and I guess the only way to find out is to pay the fee and apply for ILR

[Englandd]

It really doesn't matter that uk or european rule under 10 years ilr category. Anyone who has spent 10 years legally in uk is eligible for ilr regardless of the visa type. It is totally based on lawful residence not the type of visa. Only deportation during 10 years and 6+ months absence from uk in one year affect ilr clock.

[kamransh]

It is totally based on lawful residence not the type of visa. Only deportation during 10 years and 6+ months absence from uk in one year affect ilr clock.

The problem with that is because EU Immigration rules the passport doesn't have any entry stamps so its impossible for HO to tell if the applicant has been out of the country for more than 6 months in a year.

[Englandd]

In this case probably you can justify your presence in uk by attaching bank statements indicating the transactions or utility bills or payslips. But for these years when you were under EEA rules you need to show that your partner is exercising eu treaty e.g worker, self sufficient, self employed etc. If you can prove that for this 2 year then your that period is 100% legal and should be counted towards 10 years.

[Pay]

any updates or success stories , I face same situation and would really appreciate some help. thanks

[sheraz7]

any updates or success stories , I face same situation and would really appreciate some help. thanks

During the time you hold EEA2 RC your EEA national partner must be a qualified person in order to count that time towards 10 year long residence - ILR.