EEA Family member 10 years based ILR

[Obie]

To paraphrase you, you said vinny stated that any 10 years residence count and it does not matter what happened later. Irrespective of whether the person left the UK for a significant period after the 10 years or overstay in the UK after the 10 years.

That is not my reading of 276B, and i am sure it is not vinny's either.

The page 11 you quoted cannot support your contention.

I accept fully that a person can rely on past residence, and they do not have to apply immediately after they acquire 10 years lawful residence.

However those people are still subject to the requirements not to have been in the UK in breach of immigration law, save for overstaying of under 28 days before making an application and the period when that application is under consideration.

Therefore if a person acquired 10 years in 2015 and overstayed for 29 days before an application in 2016, then they cannot qualify for long residence.

[secret.simon]

If I grow bald, Obie, I will give you full credit. You are so much better at splitting hairs than the strongest shampoo out there.

My understanding is the 10 years is counted back from date of application so you are 3 years too late for that.

I could be wrong (I am definitely not certain about this), so do not get your hopes too high (probably too late now), but I faintly recall Vinny stating in an old thread that any block of 10 years legal residence qualifies for ILR Long Residence and that it does not have to be the latest 10 years.

For some context, I was responding to Noajthan's earlier post that suggested that LR looks at the latest 10 years and I was merely suggesting the possibility that it may be otherwise. I looked at the guidance and quoted a text that suggested an alternative interpretation. I did not go into the nitty-gritty of the Rule because at that point in time and for that discussion, it was not relevant. I was merely suggesting a possibility of a different interpretation, not stating the law.

I am sure that if I am significantly incorrect in recalling a quote by Vinny that s/he is more than capable of correcting me tersely and courteously.

[Abc499]

Probably application date, before and after of 1st October 2012 make difference.
Page 22, 23 and the example.

[Obie]

Probably application date, before and after of 1st October 2012 make difference.
Page 22, 23 and the example.

A very good point, the change date was effective from October 2012, contrary to the 9th July 2012 that i have inadvertently mentioned.

[Obie]

Simon, i will take no credit for you growing bald as i am only seeking to help and make correction were necessary.

My correction should not be seen as destructive but merely constructive.

VInny is a team member and i therefore have an obligation to clarify point that you attributed to a fellow team member.

You are a very respected person on the forum, and there is a possibility that a person may read your post, and deduce that VInny and Secret Simon said i could apply for ILR if i have 10 years residence at any point in the past, irrespective of what subsequently transpired.

I respectfully implore you not to take these things personally. We are here to help each other.

There have been instances where you have corrected me, and i very much welcome it.

The most recent was in regards to parents with ILR, giving birth to a child in Northern Ireland, and the right of their children to Irish Citizen.

You correctly clarified that 3 years requirement was inapplicable, which was welcome.

Therefore you must not see correction as something that will cause you to develop alopecia .