EEA Resident Card and ILR 10 years

[Pay]

Hi , I have spended 10 years in UK , 9 years student 1 year on EEA family permit , I non EU married my EU partner before my visa expires and I applied for EEA2 RC before my visa expires , it took them 6 month to issue RC based on married to EU . Now I want to apply for ILR 10 years do I need to prove the marriage and treaty right exercisment all over again ? Isn't RC issued enough ? I really appriciate your reply .Many thanks .
Does EEA statues counts towards 10 Years ?

[Jambo]

See similar question - Ilr for eea2 applicant.

The guide it refers to has been updated. The relevant page is page 32.

I would think you will need to provide proof of your partner exercising treaty rights during the period you are claiming under EEA regulations. The RC just shows that at that point you met the EEA requirements but it doesn't prove the whole period.

[Pay]

Thank you very much , just one quick one , I read somewhere that UKBA did not accept EEA RC as part of 10 years , do I have to make my self ready for another challenge or will it be straight forward , my partner has been working and exercising her treaty right but was wondering could they not make discretion and reject it , any case that they did not accept EEA as part of 10 years long residency ILR ? Many thanks

[Jambo]

Thank you very much , just one quick one , I read somewhere that UKBA did not accept EEA RC as part of 10 years

Where did you read this?

EEA is not under the immigration rules so strictly speaking doesn't fall under the 10 years requirements but as the guide states it is acceptable. I don't see a problem with it.

[Pay]

http://www.immigrationboards.com/viewto ... ht=#457993

I am confused , as I applied for RC then should fall within Immigration rules ,

I feel it would again be based on discretion and so far UKBA never applied discretion in my favour , could you please forward me a case when it was accepted by UKBA , or any statement that could be used by me to request a discretion to be applied. any statement that you think would fall in my benefit. I feel i am asking for too much but I don't know what else I would do. Many Thanks

[sheraz7]

It is clearly mention in the long residence and private life guidance that under this scenario the caseworker will use discretion and allow such time to 10 year long residence category as long as the eea national should be excercising its treaty rights.
just refer to it and you will find it very clearly mentioned there.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Pay]

any update or success story in regards to have EEA as part of ILR 10 years ?

I really appreciate your reply.

Many Thanks