10 year long term residence HELP!

[chokedup]

Hi,
I need help as I am really confused, I read on various posts that as long as you are legally 10 years in UK you can apply, but then I came across this

Time spent in UK with a right to reside under EEA regulations
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I have been in UK (student visa) 2003 - 2009, PSW 2009-2011,
EEA family member visa 2012 -2017

Please read page 27 and shed some light on this.
Thanks

[Amber]

Was the EEA national exercising treaty rights?

[chokedup]

Was the EEA national exercising treaty rights?

Yes.
-So I can apply but its discretionary.

[Amber]

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.

[sheraz7]

The time spent under EEA route is counted towards 10 years legal residence as long as the EEA national has been a qualified person for such duration and for which evidences will be needed too.

[chokedup]

thanks for clearing it for me,
the other question is how about time spent outside uk with my EU spouse;
I was away between aug 2012 and may 2013, however, did manage to come back to UK for 3 days in that period(jan2013)
Am I still able to apply?

[Amber]

thanks for clearing it for me,
the other question is how about time spent outside uk with my EU spouse;
I was away between aug 2012 and may 2013, however, did manage to come back to UK for 3 days in that period(jan2013)
Am I still able to apply?

You can have an absence of max. 180 days at any one time and 540 days in the whole 10 year period. Now since you came back in January you have technically not broken that rule.