Ilr under 257c still possible?

[Maistone252]

My husband and I (both non eea)have limited leave to remain in UK from Dec 2005 til Jan 2016 based on Chen case. My oldest child is Irish citizen and born in N. Ireland. She is 13 and our leave to remain is assessed and issued under 257c immigration rule. To my understanding, this rule has incorporated into eea rule a few years back. I have booked peo appointment for ilr under 10years long residence this coming Wednesday -3 Dec. In worst case scenario, what do I do if they refuse my ilr application? We have applied PR back in 2009 after 5 years self sufficient but was refused and cited we are not family member in Chen case,instead of PR we were given another 5 years limited leave to remain under 257c. What other option do we have? Any opinion is seriously appreciated.

[Maistone252]

So, should l mention about my leaves to remain is under Chen case on cover letter? Or not mention it at all? Is my leaves fall into derivative residence even though issued in 2011 before the changes? Do I stand a chance or am I right to apply through 10 years long residence?

[geriatrix]

If you were given leave to remain under 257c as and when it was a part of immigration rules (but since has been deleted), it still constitues as "legal stay" under UK immigration laws - hence can be included in SET(LR) application.

[Maistone252]

Thanks Sushdmehta for your advice. Should I write a cover letter about my case to case-worker on that day? I will update you guy of the outcome. Thanks .

[Maistone252]

Hi, just to let you all know, I got my 10 year long ilr approved today. Thank you to all the members advice and comments. My journey was not an easy one - just like the rest of u all. But keep your faith and stay strong. Wishing you all the luck.

[CR001]

Congrats and thank you for coming back to update us.